Source: Human Rights Commission
The Equal Employment Opportunities (EEO) Commissioner today handed a summary of her observations of the Recognised Seasonal Employer (RSE) scheme, along with a comprehensive list of recommendations to be included in the Government’s review of the scheme.
EEO Commissioner Saunoamaali’i Karanina Sumeo has repeatedly called for a meaningful review of the RSE scheme with explicit respect for human rights, and our special relationship with our Pacific Island whanaunga, upon whom some of our industries are reliant for economic viability and long-term prosperity.
“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,” said Sumeo.
“We know there are systemic human rights issues that need to be addressed under the RSE scheme,” she added.
Over the past year, the Commission observed and heard about potential violations of the workers’ human rights under the RSE scheme through exploitation, unreasonable deductions from their pay, denial of personal and cultural freedoms and grossly inadequate housing.
Other issues were related to the tying of visas to employers, fears of visa cancellations due to employer over-reach and exploitation, warnings against joining a trade union and inadequate access to health care.
“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.”
“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.”
These potential human rights breaches are relevant to the right to equality and freedom from discrimination, right to just and favourable conditions of work, right to freedom of movement, right to privacy, right to culture, right to freedom of association, right to an adequate standard of living and right to health.
“The Government has the responsibility to ensure adequate monitoring and enforcement of employment and living conditions and the overall protection of workers’ rights – regardless of whether they are temporary workers or citizens.”
“While I acknowledge and welcome the Government’s assurance that a review is taking place, I urge the Government to incorporate my observations from this past year as captured in this report into their review.”
“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.”
The EEO Commissioner is also encouraging employers to take up their responsibility to respect and uphold human rights in their conduct.
“I would like to see business leaders be part of people-centred and human rights solutions to stamping out exploitative practices and consider how they can contribute to safer and productive workplaces.”
“Businesses should adopt, implement, and integrate a human rights policy applicable to their company’s operations and supply chains.”
“I’m hopeful that the recommendations in our report will be considered by all stakeholders involved in defining and reviewing policy and legislation relevant to the RSE scheme,” she added.
“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.”
Read the full report here: The RSE Scheme in Aotearoa New Zealand A Human Rights Review
Recommendations to Government
- The Government must urgently review the RSE Scheme and implement human rights-based changes before the next season in 2023. Input must be sought from RSE workers, in a manner that is culturally and linguistically appropriate and ensures the inclusion of Pacific voices.
- Ratify relevant ILO instruments and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which would ensure greater consistency with international standards and lead to the enhanced protection of workers.
- Require employers to use standard form offers of employment and contracts containing terms of employment, minimum employment and accommodation standards required by New Zealand law. Employment conditions and worker deductions should be transparent in the agreement.
- Ensure free choice of employment by removing the tying of RSE worker visas to a single employer and allowing workers to seek employment within the pool of approved Recognised Seasonal Employers.
- Ensure deductions are minimal and transparent and comply with the Wages Protection Act 1983 and Minimum Wage Act 1983.
- Establish a clear process for workers who wish to return home prior to repayment of their debt related to migration costs.
- Improve enforcement of accommodation standards to address substandard accommodation to ensure workers are not living in crowded conditions, with inadequate-sized bedrooms and living areas, and lack of heating.
- Require that rents are reasonable in relation to wages earned and workers are charged fair and reasonable rates for transport between the place of accommodation and work and to other amenities.
- Ensure that the Government is directly responsible for providing services to support the welfare and wellbeing of RSE workers and for funding a support person.
- Ensure employers cease the practices curtailing the personal freedom of workers, such as kava drinking outside of work hours, restricting leisure activities, and freedom of movement within the region.
- Protect workers’ ability to access health services for the duration of their employment in New Zealand.
- Introduce processes to ensure workers are able to use employment protections and redress mechanisms that are available to all New Zealanders.
- Ensure that workers are provided with all necessary information on joining trade unions before leaving home and after commencing work in New Zealand.
Background
In January 2022, a key stakeholder in the RSE industry invited the EEO Commissioner to visit an RSE accommodation site to meet workers and listen to their concerns.
Following that visit, the Commission has undertaken consultations with RSE workers, employers, industry leaders and other relevant stakeholders connected with the RSE scheme.
In these engagements, the Commission inquired into workers’ work and living conditions. The Commission spoke to over 20 RSE workers in Northland and over 60 workers in Marlborough and visited eight accommodation sites.
We also spoke to individuals with links to the RSE scheme in the Hawkes Bay and Otago regions, as well as union representatives, RSE employers, and leaders in the horticulture and viticulture industry.
