Understanding positive duty and the lived experience of migrant & refugee workers

In today’s increasingly globalised world, the movement of people has become quite normalised. In fact, I myself, am a recent migrant to Australia. Migrant workers play a crucial role in various sectors, contributing significantly to both their home and host countries.  Refugee workers encounter distinct challenges stemming from circumstances completely beyond their control. 

The challenges of these groups are often overlooked. Understanding the concept of positive duty is essential in addressing these challenges and improving the lived experiences of migrant and refugee workers. 

Recently, the ARA represented the retail industry at the Australian Human Rights Commission (AHRC) AHRC Roundtable on understanding positive duty and the lived experience of migrant workers. We heard from Sex Discrimination Commissioner Dr Anna Cody & Kate McDonald, the Head of Positive Duty at the AHRC and organisations such as Multicultural Australia, Our Watch and colleagues from the AHRC. 

What is Positive Duty? 

Positive duty refers to the proactive responsibility of organisations to promote equality, prevent discrimination, and support marginalised communities. It draws beyond compliance with regulations, and involves active engagement to create conditions that support marginalised communities. 

This is particularly relevant for migrant and refugee workers, who frequently encounter systemic barriers and discrimination in their workplaces and communities. 

The Lived Experience of Migrant Workers 

Migrant and refugee workers often leave their home countries due to a number of reasons, this could be climate change, conflict, persecution, or economic hardship, and seeking safety and better opportunities. However, upon arrival in their new countries, they frequently encounter a range of challenges. Language barriers, cultural differences, and legal uncertainties can make day-to-day life difficult. The rise in the polticisation of issues such as migration can add to hostility in a new and foreign environment as recent arrivals begin to build their new lives.  

A stark takeaway from discussions at the round table, was a notion that even poor working conditions in Australia were better than their home country. It was a sense that migrant and refugee workers should be ‘grateful’ for being here. This meant that there is a lack of reporting on issues if they arise. This culture of silence contributes to an acceptance of negative, and often illegal practices.  

It was also identified that there was a need to build trust in Australian agencies if we were going to support some of most vulnerable within our workforce. The stress of navigating a new environment, combined with the fear of deportation or retaliation for speaking out, can further complicate their experiences. 

The Role of Positive Duty in Supporting Migrant Workers 

Understanding positive duty is essential for creating a more equitable society for migrant and refugee workers. The roundtable identified a number of areas for consideration if organisations are going to create inclusive working environments. 

  1. Creating Inclusive Policies: Retailers should develop and implement policies that prioritise the rights of migrant and refugee workers. This includes fair pay, safe working conditions, and access to training and advancement opportunities. Policies should be transparent, accessible and actively communicated to all staff, ensuring that everyone understands their rights and the support available to them.
  1. Understanding the community needs: working with community organisations can help retailers understand how to support migrant and refugee workers. Organisations like Community Corporate & Multicultural Australia can support building an understanding oon workers rights.
  1. Support Systems: Providing support systems is crucial. Retailers can establish mentoring programs, language classes, and employee resource groups that focus on the needs of migrant and refugee workers. By creating networks of support, retailers can help make workers feel more integrated and confident in their roles.
  1. Encouraging Open Communication: Creating an environment where all employees feel comfortable voicing their concerns is vital. Retail organisations should establish clear channels for feedback and reporting issues, ensuring that migrant and refugee workers know their voices are valued. Regular check-ins and anonymous surveys can provide insights into their experiences and areas for improvement.
  1. Advocacy and Community Engagement: Retailers can play a significant role in advocating for migrant and refugee workers both internally and in the broader community. Partnering with local organisations that support these workers can enhance outreach efforts, provide additional resources, and foster a sense of belonging.

Understanding positive duty is not just a legal obligation; it is a moral responsibility that draws on action. By recognising the lived experiences of migrant and refugee workers and the challenges they face, we can create more inclusive teams that value diversity and promote equality. You can read more about the AHRCs work in this area here. 

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