5. Human rights framework Human rights are basic rights and freedoms which belong to everyone and cannot be surrendered or diluted. They apply to everyone irrespective of their country of birth, religion or immigration status. 5.1 International human rights • the International Covenant on Civil and Political Rights (ICCPR), which upholds the right to freedom of association45 The New Zealand Bill of Rights Act 1990 provides human rights protection in Aotearoa New Zealand and applies to migrants including those participating in the Accredited Employer Work Visa (AEWV) scheme. It provides the right to freedom from discrimination, freedom of movement, and freedom of association. • the International Covenant on Economic, Social and Cultural Rights (ICESCR), which provides the right to just and favourable conditions of work46 and the right to health.47 ICESCR also contains a provision protecting economic and social rights of non-citizen48 and affirming the enjoyment of employment and labour rights for non-citizens49 • the Convention on the Elimination of All Forms of Racial Discrimination. General Recommendation 30 on Discrimination Against Non-Citizens contains recommendations relevant to migrant workers, including a recommendation to States to “take measures to eliminate discrimination against non-citizens in relation to working conditions and work requirements, including employment rules and practices…”50 The Employment Relations Act 2000 is our primary employment legislation and provides a foundation for protecting human rights at work. It provides protections to employees (irrespective of migration status) such as personal grievance rights.37 It also provides infrastructure to uphold these rights, for example providing for labour inspectors,38 mediation39 and the Employment Relations Authority.40 Other legislation provides for basic minimum rights such as minimum wage41, holiday pay, sick leave entitlement,42 and health and safety protection.43 Such legislation plays an important part in protecting human rights of workers, for example the right to just and favourable conditions and remuneration, protections against unemployment, the right to form and join trade unions and the right to safe and healthy working conditions.44 12 New Zealand is a party to: New Zealand is a member of the International Labour Organization (ILO) and is party to many conventions providing relevant labour standards.51 37 Section 103, Employment Relations Act 2000. 38 See for example section 223 of the Employment Relations Act 2000. 39 Section 144 of the Employment Relations Act 2000. 40 Section 156 of the Employment Relations Act 2000. 41 Minimum Wage Act 1983. 42 Holidays Act 2003. 43 Health and Safety at Work Act 2015. 44 These rights are all protected by Article 23 of the Universal Declaration of Human Rights. 45 Article 22. 46 Article 11. 47 Article 12. 48 Article 29. 49 Article 35. 50 Available on the UN Treaty Body Database. 51 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). The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review