28. As a member of the International Labour Organization (“ILO”) and party to numerous conventions that set out international labour standards,18 New Zealand is subject to international labour and human rights standards, which are applicable to seasonal migrant workers. Most relevant to the rights of migrant workers is the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which applies to the living and working conditions of migrant workers under the RSE Scheme. Despite international pressure to do so, Aotearoa has not ratified the treaty.19 Nevertheless, the treaty elaborates on existing treaties to which Aotearoa is a party including the ICCPR and the ICESCR. The treaty is relevant to the rights of RSE workers in Aotearoa in that it aims to foster respect for migrants’ human rights through guaranteeing equality of treatment and the same working conditions as other workers. United Nations Guiding Principles on Business and Human Rights 29. Also relevant are the United Nations Guiding Principles on Business and Human Rights (“UN Guiding Principles”), which are a set of non-binding principles endorsed by the UN Human Rights Council.20 They establish a minimum, modest threshold of human rights 8 principles designed to provide guidance to businesses and governments.21 The UN Guiding Principles are built around the following three pillars known as the Protect, Respect and Remedy framework: • The State duty to protect human rights • The corporate responsibility to respect human rights • The need for rights and obligations to be matched to appropriate and effective remedies when breached. 30. Employment New Zealand’s ethical and sustainable workplace practice resources refer to the UN Guiding Principles, highlighting the demand and support for ethical and sustainable work practices. The Government has also agreed to initiate a National Plan of Action to implement the UN Guiding Principles.22 This will be an important measure for promoting and upholding human rights among the business community. Aotearoa New Zealand’s human rights commitments provide the framework for both government and businesses uphold the inherent dignity of all workers in New Zealand, regardless of their migrant status. 18 Of relevance are C029 - Forced Labour Convention, 1930 (No. 29), C097 - Migration for Employment Convention 1949 (No. 97), C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98). 19 As part of the Universal Periodic Review of New Zealand a number of countries recommended that New Zealand ratify the Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families. See Human Rights Council, Report of the Working Group on the Universal Periodic Review, UN Doc. A/HRC/41/1 (1 April 2019) https://documents-dds-ny. un.org/doc/UNDOC/GEN/G19/087/77/PDF/G1908777.pdf?OpenElement 20 UN Human Rights Council, Protect, respect and remedy: a framework for business and human rights: Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie, 7 April 2008, A/HRC/8/5, https://www.ohchr.org/sites/default/files/documents/publications/ guidingprinciplesbusinesshr_en.pdf. 21 Employment New Zealand, Demand for ethical and sustainable work practices, https://www.employment.govt.nz/workplacepolicies/ethical-sustainable-work-practices/demand-for-ethical-sustainable-work-practices/ 22 Report of the Working Group on the Universal Periodic Review: New Zealand, A/HRC/41/1/Add.1, 17 June 2019, paragraph 20. Recognised Seasonal Employers (RSE) Scheme: Human rights issues for seasonal workers in Aotearoa New Zealand