Rights most relevant to seasonal migrant workers Right to equality and freedom from discrimination - A decent living for themselves and their families in accordance with the provisions of the present Covenant; 33. Human rights protections apply to everyone, without discrimination, including all migrants, regardless of their migration status. The principle of non-discrimination is set out in article 2.2 of the ICESCR and International Covenant for Civil and Political Rights (“ICCPR”). - Safe and healthy working conditions; - Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; - Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays. 34. The ILO Multilateral Framework on Labour Migration provides that the human rights of all migrant workers, regardless of their status, should be promoted and protected.26 In practice, this means that “governments should ensure that national laws and practices that promote and protect human rights apply to all migrant workers and that they are respected by all concerned.”27 Right to just and favourable conditions of work Right to freedom of movement 35. Article 7 of the ICESCR guarantees the right of everyone to the enjoyment of just and favourable conditions of work, including remuneration which provides all workers, as a minimum with: 37. Article 13 of the Universal Declaration of Human Rights and article 12 of the ICCPR guarantee the right to freedom of movement within a country and the right of everyone to leave and to return to their country. - 10 36. The Committee that monitors the implementation of the ICESCR has commented that just and favourable conditions of work is a right of everyone, including migrant workers and that the right must be exercised without discrimination.28 Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; 38. Section 18 of the NZBORA guarantees the right to freedom of movement. That is: “Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand.” 26 Multilateral Framework on Labour Migration: Non-binding principles and guidelines for a rights-based approach to labour migration https://www.ilo.org/global/topics/labour-migration/publications/WCMS_178672/lang--en/index.htm. 27 Principle 8, p. 15. 28 UN Committee on Economic, Social and Cultural Rights, General Comment No. 23 on right to just and favourable conditions of work (2016) at paras 5 and 53. Recognised Seasonal Employers (RSE) Scheme: Human rights issues for seasonal workers in Aotearoa New Zealand