Source: Human Rights Commission
The Equal Employment Opportunities (EEO) Commissioner says our existing legislative framework isn’t effective enough to safeguard against modern slavery and worker exploitation.
Currently, the Crimes Act 1961, Employment Relations Act 2000, Health and Safety at Work Act 2015, and Immigration Act 2000 provide some protection but don’t require reporting, oversight, or legal accountability for businesses to assess the risks of modern slavery in their supply chains.
“Our existing laws are somewhat piecemeal. They don’t adequately guard against unscrupulous and exploitative business practices including those that occur overseas – or provide pathways to redress and offer remediation for victims,” said EEO Commissioner, Saunoamaali’i Karanina Sumeo.
“We must centre those most vulnerable and likely to fall through the cracks. This is about people, and ensuring their dignity and rights are protected and respected.”
In a written submission, the Commissioner said enacting legislation addressing modern slavery would significantly help the Government to fulfil part of its international obligations towards progressively realising fundamental and core human rights, and support businesses to do right.
“Te Tiriti o Waitangi and human rights must play a more essential role in Aotearoa New Zealand’s legislation on modern slavery as this concerns our reputation and identity as a nation,” said Sumeo.
“Businesses both within Aotearoa New Zealand and abroad must be required to act responsibly. All workers whether they work locally or overseas in supply chains linked to Kiwi companies should be protected from exploitation and be afforded remediation where their rights are breached.”
Through the Commission’s own engagements, workers have spoken out about being subject to abuse, exploitation, discrimination, and other human rights violations across a range of industries including hospitality, sex work, horticulture, and construction.
“Many feel insecure, at times unsafe, and lack a basic understanding of their employment rights let alone human rights. Access to safety, redress and remediation were severely limited. As a society we must no longer allow directly or indirectly, people to be treated this way.” said Sumeo.
“This is why any legislation addressing modern slavery must provide victims with responsive support services, rehabilitation, and compensation for them and their dependents whose lives are also directly impacted, and proper remediation pathways that are victim-centred.”
The Commissioner has also called for due diligence risk assessment obligations for small, medium, and large businesses, to support all employers to identify modern slavery risks and act immediately and accordingly to implement measures to against exploitation.
“No employer is exempt from perpetuating harm when mismanaged nor is any entity too small to help prevent the violation of human rights, including employment rights, protected and respected in New Zealand law.”
“I would also like to see large employers establish clear supplier code of conduct, human rights and whistle blower protection policies, and ensure they can identify and address all forms of exploitation that could potentially occur within their supply chains.”
Among a list of other recommendations, the Commissioner has also suggested an Independent Anti-Slavery Commissioner be established to support the purpose of modern slavery legislation, and that a central register for disclosure statements be established and maintained.
“Kiwi consumers and businesses have huge power to stop modern slavery by knowing which businesses are doing the right thing though such a register, then choosing who and where they purchase their goods and services from within New Zealand and abroad.”
“Dignity is not for sale. We all have the power and a role to play,” added Sumeo.
