Executive summary 1. 2. 3. Everyone must be able to move freely within the country. The Recognised Seasonal Employers (“RSE”) scheme has provided economic benefits to Pacific nations and Aotearoa New Zealand, through supporting our horticulture and viticulture industries while providing workers with better wages than they would receive in their home countries. d. Right to privacy: Everyone has the right to privacy. e. Right to culture: Everyone has the right to enjoy their own culture, which includes the right to enjoy leisure activities, such as kava drinking outside of work hours. However, the Commission is concerned about the treatment of migrant workers under the Scheme. Throughout 2022, the Human Rights Commission (“Commission”), led by the Equal Employment Opportunities Commissioner (“EEO Commissioner”), Saunoamaali’i Karanina Sumeo, undertook a series of consultations with RSE workers, employers, industry leaders, and other relevant stakeholders connected to the RSE scheme. Based on these engagements, we have observed and are concerned about what appear to be human rights breaches taking place under the RSE scheme.1 The Commission has identified the following human rights issues that are relevant to the RSE scheme: a. Right to equality and freedom from discrimination: Everyone has a right to be treated equally and with dignity, regardless of migrant status. b. Right to just and favourable conditions of work: Everyone is entitled to remuneration which ensures fair wages, a decent living and safe and healthy working conditions. f. Right to freedom of association: Everyone has the right to join a trade union, which is a fundamental cornerstone of workers’ rights. g. Right to an adequate standard of living: Everyone is entitled to adequate living conditions, including accommodation that is warm, dry, safe, secure, affordable, and accessible. h. Right to health: Everyone is entitled to the enjoyment of the highest attainable standard of health and equality of access to health services. 4. The Commission has repeatedly heard that there are a “few bad apples in the industry”. However, our engagements have revealed what we consider are gaps in the scheme, which may enable systemic pattern of human rights abuses throughout the country. Due to a lack of oversight, regulation, enforcement, and human rights protections within the RSE scheme, employers are able to exploit workers with few consequences if they wish. c. Right to freedom of movement: 1 2 See New Zealand Government, Combatting Modern Forms of Slavery: Plan of Action against Forced Labour, People Trafficking and Slavery 2020-2025 at p. 5 for definition of modern slavery https://www.mbie.govt.nz/dmsdocument/13568-combattingmodern-forms-of-slavery-plan-of-action-against-forced-labour-people-trafficking-slavery (“While there is no formal definition of “modern slavery”, this is a term that is increasingly being used internationally and within New Zealand to describe a range of exploitative practices. The use of the term “modern” is being used to distinguish between present-day slavery and slavery-like practices from historical practices. The exploitative crimes that are commonly taken to comprise modern slavery include forced labour, debt bondage, forced marriage, other slavery and slavery-like practices, and people trafficking.”) Recognised Seasonal Employers (RSE) Scheme: Human rights issues for seasonal workers in Aotearoa New Zealand