Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Migration for Employment Convention (Revised), 1949 (No. 97) - New Zealand (Ratification: 1950)

1. Provision of information – legislation. The Committee notes that the removal system for persons unlawfully present in the country is being reviewed in the context of proposed new legislation on immigration. The Government states that as a response to the changing trends in migration, a thorough review of the Immigration Act of 1987 is under way. The Committee asks the Government to provide copies of the new immigration legislation, once adopted.

2. Articles 2 and 3. Information and assistance – measures against misleading propaganda. The Committee notes that according to the NZCTU, the Government’s measures to license immigration consultants operating in New Zealand do not address the concerns expressed by some unions such as the New Zealand Nurses Organisation and that more needs to be done to improve the provision of information to migrant workers before they come to New Zealand. While noting that New Zealand has excluded Annex I, the NZCTU nevertheless requests the Government to examine possible arrangements with overseas governments to monitor and regulate the practices of immigration and recruitment agencies. The Government indicates that the Immigration Advisers Act requires both New Zealand-based immigrant consultants and overseas immigration consultants, as well as recruitment agencies which offer immigration advice and services to register with the New Zealand Immigration Advisers Authority; this is not required from agencies that confine their activities to recruitment only. The Committee recalls the Government’s obligations under Articles 2 and 3 of the Convention to take steps against misleading propaganda regarding the migration process and to provide migrant workers with accurate information. Recalling also that cooperation between migrant-sending and migrant-receiving countries may prove the most effective way of ensuring that migrants are recruited under non-abusive and non-exploitative conditions, the Committee asks the Government to provide information on the specific measures taken or envisaged in this regard.

3. Facilitating access of migrant workers to skilled jobs. With regard to the difficulties of some migrants to take up the work for which they are qualified, the Committee notes the Government’s statement that in order to work in New Zealand in a number of occupations, all people are required by law to hold a relevant occupational registration. Applicants can have their overseas qualifications evaluated by the Qualification Recognition Services of the New Zealand Qualifications Authority, which establishes the nearest comparable qualification. Business New Zealand states in this regard that, recognition of professional qualifications aside, the difficulties experienced by some professionally trained migrants often arise from the reluctance of relevant professional bodies to admit them to membership, with the consequence that they are unable to practice in the country. Recalling Paragraph 10(b) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), the Committee asks the Government to indicate whether any vocational training is offered to migrants to enable them to obtain the qualifications required for a particular occupation, and the measures taken to address the reluctance of professional bodies to admit migrants to their membership.

4. Women migrant workers. In reply to its previous comments, the Committee notes the Government’s statement that most of the female migration is accounted for by the “family sponsored” migration stream and that in all categories male migrants continue to slightly outnumber female migrants. The Committee draws the attention of the Government to the fact that the “feminization of migration” refers to the reality that an increasing number of women are migrating to seek employment for themselves and that often by the very nature of the work they undertake or due to past discrimination in the labour market and society, they may face inequalities compared to their male counterparts, foreign or otherwise, relating to working and living conditions, social security, work-related taxes and access to justice. The Committee notes that the Government is undertaking a “Longitudinal Immigration Survey: New Zealand” which is surveying the settlement experiences of refugees and migrants to New Zealand, including in the areas of jobseeking, learning English and accessing health services. The Committee hopes that the survey will take into account the specific experiences of and obstacles faced by women migrant workers, and asks the Government to provide a copy of the survey, once completed. Please also provide information on any measures taken to address particular difficulties faced by women migrants with respect to the matters enumerated in subparagraphs (a)–(d) of Article 6(1).