A critical link: R.S.E. workers and human rights

By The Editorial Board 14 December 2022, 6:00AM

It was probably not the story that a lot of people were expecting, as families counted down to the festive season and the start of a new year with more job opportunities.

But the Government has decided, yet again, to temporarily halt the deployment of more seasonal workers from January 2023 until the policy on the selection of applicants is finalised.

We all know the story associated with the old selection process that was overseen by the Ministry of Commerce Industry and Labour (MCIL) during the term of the former Administration, with allegations of nepotism and favouritism rife, amid concerns more people who were already employed were joining the scheme. The scheme was meant to target non-employed citizens, therefore the recruitment of people with jobs was a breach of policy.

An article (Seasonal workers scheme temporarily halted, again) in the Tuesday 13 December 2022 edition of the Samoa Observer reported on the decision by the Cabinet last week to temporarily halt the scheme.

Acting Prime Minister, Tuala Iosefo Ponifasio, said the “conscious decision” was made by the Cabinet last week to halt the program temporarily with the last group scheduled to leave Samoa on Tuesday 13 December. 

The scheme has not been completely halted, Tuala emphasised, before acknowledging the benefits that many Samoans have had as paid seasonal workers in either Australia or New Zealand.

Asked what the tentative time frame will be in putting the program on hold, Tuala said that will depend on when the policy is finalised and in place. 

“If we can sort out the policy in December then we can resume it in January,” he told the Samoa Observer. “We just need something decisive and clear to put the policies in place. 

“What is happening now for example Wednesday [last week] we were given the list of people travelling in December. 

"But what is the point of bringing it to Cabinet when it’s already decided, the airfares have been paid for…we are just a rubber stamp and that is not what Cabinet is there for.” 

In retrospect we believe the decision by the Cabinet last week to temporarily halt the scheme is a blessing in disguise – as a report released by the New Zealand Human Rights Commission on Monday has pointed to bigger problems associated with Aotearoa’s Recognised Seasonal Employers (R.S.E.) scheme.

The New Zealand Human Rights Commission is concerned that there have already been breaches of Pacific workers’ human rights, who were recruited under the R.S.E. from various Pacific nations including Samoa.

The alleged breaches were highlighted in a 24-page report published by the Commission (Te Kāhui Tika Tangata) on Monday. Among the various allegations the report cited, included cases of R.S.E. employers failure to provide clarity on wage deductions, being forced to live in unhealthy living conditions, bans on the consumption of kava, and a case of a woman being forced to do a pregnancy test. 

Looking back at some of the concerns that Samoans recruited under the scheme have raised, confusion over pay deductions and the absence of clarity from employers was listed as a major challenge.

“Many workers informed us of their concerns about regular deductions from their pay,” stated the report. 

“Often workers’ payslips were not clear on what the deductions were for and many workers could not obtain the reasons for the deductions when they questioned their employer.”

It is great that the Commission has brought this to light, as a lot of people who get recruited under the scheme don’t have basic literacy and numeracy skills, and therefore would find it difficult trying to understand what a payslip is and what the numbers represent.

The Commission’s concerns of the systemic flaws in New Zealand, such as the INZ Operational Manual referenced in the report which didn’t cater for R.S.E. workers are also a cause for concern.

“The INZ Operational Manual is silent as to costs when a worker does not fulfil their contract and wants to be repatriated,” stated the report. 

But how can the INZ Operational Manual not cater for R.S.E. workers when the scheme itself was formulated by the New Zealand Government and has been around since 2007?

The Commission is correct in calling for a “clear process should be established to enable workers to return home prior to the payment of their debt related to migration costs”.

What about the disciplinary action that was taken by the RSE employers against a couple who spent a night together 

We support the call by the Commission for a full review of the R.S.E. scheme by the New Zealand Government and urge the Samoa Government to also use diplomatic channels to pressure Wellington to revisit the framework as recommended using a human rights lens.

While the country appreciates the millions of tala in remittances that get to be sent to families in Samoa by their loved ones working in New Zealand, it is not right for them to continue to wallow in fear, anger and frustration with the compromising of their human rights.

In fact the findings of the Commission are shocking as New Zealand is considered a regional leader in the guaranteeing of rights and civil liberties. Obviously, a lot of work needs to be done to get this right, and the next deployment in the new year should not be processed, until Samoa is assured that its workers’ rights will be respected and they will be treated with dignity.

By The Editorial Board 14 December 2022, 6:00AM
Samoa Observer

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