Application of human rights approach to RSE Scheme 50. As described earlier in the report, throughout 2022 the Commission consulted with RSE workers, employers, industry leaders and other stakeholders linked to the RSE scheme in Aotearoa. Through these engagements, a number of concerning human rights issues were brought to the Commission’s attention regarding working conditions, living conditions and equality of treatment. The follow section outlines the key issues that the Commission has observed in the operations of the RSE scheme with the application of the previously outlined human rights framework. Right to equality and non-discrimination, and right to just and favourable conditions of work: Tying visas to employers 51. A key aspect of the RSE Scheme is that RSE workers can only work for the employer specified on their visa. They may only transfer to a new employer if their current employer provides written approval of the transfer. However, this information is not provided to workers in the pre-departure information booklet.40 Furthermore, employers do not have to provide reasons to workers if they are not re-hired for future seasons. This power imbalance between employers and workers thus increases the risk of exploitation. 52. The ILO has highlighted that it is problematic when workers are bound to a specific employer as it creates fear among workers that actions against their employers will lead to the cancellation of their visa by the employers.41 The ILO noted that migrant workers are more likely to be exposed to exploitation when their employer yields power over them concerning the right to remain and work in the country.42 Specifically in relation to the RSE scheme, the ILO has found that this practice of tying visas to employers under the RSE scheme “contravenes the principle of equality of treatment and creates the risk of worker exploitation stemming from the power this gives to employers.”43 53. The ILO General Principles and Operation Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs set out non-binding ILO general principles and operational guidelines for fair recruitment and are derived from international labour standards and related ILO instruments and provide that migrant worker should not require the employer’s or recruiter’s permission to change employer.44 54. The Commission has made previous submissions calling for the removal of the visa tying in previous contexts.45 40 See International Labour Organization, Seasonal worker schemes in the Pacific through the lens of international human rights and labour standards, Technical report at 38 https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-suva/ documents/publication/wcms_847010.pdf. 41 At p. 106. 42 At p. 106. 43 At p. 40. 44 General principles and operational guidelines for fair recruitment and Definition of recruitment fees and related costs (2019) at Part 1(iii), para. 12. https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---migrant/documents/publication/ wcms_703485.pdf 45 See for example the New Zealand Human Rights Commission’s Submission on Petition of World Vision New Zealand and Trade Aid: Take Action Against Modern Slavery, 8 October 2021; Submission on the Inquiry into Migrant Exploitation, 3 February 2021; Submission on Modern Slavery and Worker Exploitation proposed legislation; 7 June 2022. 13