96550

Hello Laura Kavanagh,

My name is Robert Hallowell; I work at the Human Rights Commission
and am its Official Information Act Officer.

Thank you for your request of 1 August 2013.

The Commission is able to provide you with the information you
requested for the period starting 1 July 2011 and ceasing on 30
June 2013. Please let me know if that poses a problem.

Yours sincerely,

Robert Hallowell

[email address]

Hello Laura,

I will be able to respond in that form.

Kind regards,

Robert

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Hello Laura,

Thank you for your email. The person preparing the information required to reply to your request is dealing with a number of time consuming matters at the moment. The expectation is that the information will be available by the end of next week

I appreciate that you are keen to receive the information as quickly as possible. The Commission is using its best endeavours to meet your request.

Yours sincerely,

Robert Hallowell

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96550

Dear Laura Kavanagh,

On 1 August 2013 you made an Official Information Act request for
information about complaints made by new immigrants to New Zealand, in
particular examples where immigrants have encountered racism by New
Zealand employers. You agreed with the Commission’s suggestion that the
information you requested be limited to the period starting 1 July 2011
and ceasing on 30 June 2013.

On 7 August 2013 you contacted the Commission’s Senior Communications
Advisor. You wrote that you are in the process of writing an investigative
piece about whether Asian immigrants are exploited and/or subject to
racism from New Zealand employers. You asked if it was possible to arrange
an interview with someone from the Human Rights Commission who deals with
complaints of exploitation and racial discrimination in employment.

Official Information Act request

Because your request is for information about “immigrants” the Commission
searched its complaints and enquiries database for matters that were
categorised with the following keywords “ethnic or national origins”,
“refugee and migrant”’ in the areas of pre-employment or employment.

A search of all complaints of race discrimination or racial harassment
would be very time consuming and would require clear parameters of who is
considered to be a migrant.

Most people do not tell the Commission how long they have been in New
Zealand.

Complaints of Ethnic or National Origin discrimination in Employment – 1
July 2011 to 30 June 2013

During the period there were 143 complaints or enquiries.

Ethnicities of those complaining

There was a collection rate of 76 per cent for the ethnicity of those
making complaints or enquiries about ethnic or national origins, refugee
and migrant in the areas of pre-employment or employment.

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* MELAA: Middle Eastern, Latin American and African

“European” includes those who responded as New Zealander/Pakeha/Kiwi/New
Zealand European when asked their ethnicity.

Nature of the complaints

There were two recurring themes in the pre-employment complaints:
employers requiring applicants to have “English as their first language”
and employers seeking only applicants with permanent residency or
citizenship. Other complaints included not being interviewed for positions
due to not having Anglicised names and migrants being charged large sums
by companies offering “assistance in finding employment” and other
work-related services, (e.g. guaranteed hours, accommodation with
employment) that did not eventuate.

In employment, the greatest number of complaints were about “English
language only policies”’. Complainants and enquirers said they were
prohibited from and disciplined for, speaking a language other than
English, even during unpaid breaks.

Discrimination complaints made by Asian ethnic groups

Those identifying as Indian make up 45 per cent of the complainants in the
Asian ethnic group. The next largest ethnic group of complainants in Asian
ethnic group are Chinese, with 15 per cent.

The nature of the complaints and enquiries was broad and there were no
identifiable similarities between complaints made by particular ethnic
groups.

Community Intelligence gathered

Anecdotally, the Commission’s Advisor staff report that:

·         members of the public frequently discuss employment issues faced
by migrants and refugees; common issues raised are difficulty securing
employment; newcomers’ degrees or credentials not being recognised in New
Zealand

·         some migrant groups, such as East Asians, Africans and Indians,
along with Bhutanese and Afghan refugees attempt self-employment, but many
migrants and refugees are under-employed

·         language courses are not a quick solution as many migrants and
refugees need to kick-start their employment rather than spending months
or years in language classes

·         workers from Pakistan and the Philippines in New Zealand for the
Canterbury rebuild programme report exploitation and some resentment in
the industries where there is high unemployment.

Yours sincerely,

Robert Hallowell

Official Information Act Officer

 

References

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