Gaps in migrant worker scheme exposed by trainee’s exploitation and death

The death of a Filipino migrant worker who leapt out of a moving vehicle to escape his abusive employer has exposed huge gaps in protections in Australia’s migrant worker scheme. Legally in the country as a “trainee” at a local winery, instead of job skills, evidence points to the young man experiencing exploitation and “potentially criminal” treatment and conditions leading many to call for urgent changes to the system.  

A sham training program and multiple risk factors 

In 2019 twenty-one-year-old Jerwin Royupa came to Australia as a recent college graduate, excited and full of expectations. He had been offered a job that paid a “generous allowance” and promised to teach him new skills. Tragically, 5 weeks later he threw himself out of his employers moving car to escape what many in the country are calling modern slavery. A few days later he was dead from his injuries causing many to ask what went wrong.  

His sister Jessa Joy Royupa told the Wellington Times: 

We know that Jerwin was deceived by a sham training program. We know that he was fearful of his employer. We know that he had multiple risk factors of forced labor.

The coroner’s investigation after his death found that in the days prior, Jerwin had become “increasingly fearful” of his visa sponsor. Additionally, she found that contrary to promised training, he had been “exclusively” performing manual labor. Conversely, his sponsor was forcing him to work “excessive” hours. At times as much as 60 a week. Tellingly, he did not have access to his passport, a common red flag of modern slavery.  

“Much more to do” to keep migrant workers safe 

The inquest sparked by Jerwin’s death represents an important first in Australia. It is the first instance of forced labor concerns being formally examined since modern slavery offences were criminalized in 2013. Six recommendations came out of the inquest. Importantly, one recommendation is that the home affairs minister conducts an internal review to identify “lessons learned” from the case. Another is the need for a formal review to investigate flaws in the training visa program itself. In particular, how those flaws could be leaving the door open to labor exploitation. 

Australian Anti-Slavery Commissioner Chris Evans put it bluntly: 

Jerwin deserved protection and support. Our systems failed to provide it,  

The Department of Home Affairs provided full assistance to the inquest and said they are carefully reviewing the findings and recommendations stating: 

The department expresses our condolences to the family and friends of Mr. Royupa… (and is) working on strengthened regulations for the training visa to protect visa-holders and will incorporate the coroner’s findings in this work. 

Jerwin’s sister feels Australia still has “to do much more to keep people who come to work here safe.” And advocates say that should include much needed changes to modern slavery responses broadly. Like the establishment of a national anti-slavery hotline. Further, mandatory training for police officers who work in conditions where modern slavery is more easily hidden. Particularly in rural, isolated areas like the vineyard where Jerwin worked.   

Jumping from a moving car isn’t a viable escape route 

It is clear the federal government needs to urgently plug the gaps in protections of the migrant worker visa system. A system clearly being exploited by bad actors as seen in this tragedy. Further, more protections need to be put in place across the board to help survivors find a way out. If better choices for escape, like a national human trafficking hotline, had been in place maybe Jerwin would still be alive today.

Sister Jessa Joy said: 

No family should have to experience the kind of heartbreak we have been through. 

Freedom United echoes the words of Jerwin’s family, and we stand beside local anti-modern slavery advocates in demanding immediate action. No person or family anywhere should experience the heartbreak, suffering and loss of modern slavery.