Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82) - Tokelau

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of Business New Zealand, as well as the observations of the New Zealand Council of Trade Unions (NZCTU), received on 30 September 2019, together with the Government’s report.

Parts II and III of the Convention. General principles. Improvement of standards of living and other social policy objectives. The Committee recalls that, following two self-determination referenda held in 2006 and in 2007, the focus of the relationship between New Zealand and Tokelau since 2008 has been to address the core requirements of the three atoll populations before Tokelau undertakes any further act of self-determination. The Government indicates that, from July 2015 to June 2018, New Zealand contributed 35 million New Zealand dollars in budgetary support and an additional 5 million dollars to strengthen public services in Tokelau. The Government adds that, in 2018, New Zealand announced a further investment of 86 million dollars over the next four years to improve core public services and strengthen governance and management practices. The Government affirms its commitment to ensuring that quality education helps the youth of Tokelau to achieve their potential. With this objective, it conducted an Education Review in 2013 and a follow-up review in 2018 to identity improvements needed. The Committee notes that New Zealand commissioned an independent review in 2018 of clinical health services and patient referrals to identify opportunities to strengthen the health services provided. Furthermore, the Government indicates that, in December 2017, New Zealand announced an investment of 22.2 million dollars to connect Tokelau to undersea fibre-optic cables that will provide faster internet connection. In addition, the Committee notes with interest the steps taken by the Government towards building resilience to the impacts of climate change that the atolls are already experiencing. In this context, the Committee notes that the National Strategy for Enhancing the Resilience of Tokelau to Climate Change and Related Hazards (2017–2030) focuses on integrating climate change adaptation and disaster risk reduction in village decision-making. It also notes the increased technical assistance provided to the Taupulega (Village Councils) and public servants to incorporate climate change and disaster resilience in village planning. In its observations, Business New Zealand notes the steps taken by the New Zealand Government to improve the standards of living of the population of Tokelau. It observes that Tokelau’s primary sources of revenue stem from its fisheries and New Zealand’s development assistance, while the commercial activity carried on in Tokelau is limited, with trade relying mostly on imports. Business New Zealand also observes that, given that Tokelau is a small and isolated island, younger persons and those with families often decide to emigrate in pursuit of better employment and education opportunities overseas. The Committee requests the Government to continue to provide updated information on the progress made in pursuing the social and economic policies covered by the provisions of the Convention applicable to Tokelau, including disaggregated statistical data illustrating that the improvement of standards of living of the population is regarded as the principal objective in the planning of economic development. Noting the climate change challenges that Tokelau is facing, the Committee request the Government to provide updated information on the nature and impact of measures taken in the framework of the National Strategy for Enhancing the Resilience of Tokelau to Climate Change and Related Hazards (2017–2030).

Part IV and VI. Migrant workers. Abolition of discrimination. The Committee recalls the Government’s indication that the application of the provisions of the Convention related to migrant workers should be examined in the context of Tokelau’s cultural and geopolitical context. The Government refers to the Tokelau Immigration Regulations 1991, according to which non-nationals may not work in Tokelau unless they hold a current work permit or a current special permit that authorises them to work in Tokelau. The Government indicates that migrant workers in Tokelau are normally there to complete specific projects. In this respect, Business New Zealand expresses the view that, given that the vast majority of migrant workers in Tokelau work on specific projects for a limited period only, no issues arise with regard to migrant workers. The Committee recalls that in its previous observations, the NZCTU had observed that provisions concerning migrant workers and non-discrimination should receive expression in the Tokelau jurisdiction to the extent possible. The Committee reiterates its request that the Government provide updated information on measures taken or envisaged relating to migrant workers (Articles 10–13) and abolition of discrimination (Article 18).

Part VIII. Modifications to the provisions of the Convention. The Committee recalls that, in its declaration of 18 February 1954, appended to its ratification of the Convention, the Government of New Zealand undertook to apply the provisions of the Convention to the Tokelau Islands, subject to the following modifications: that the provisions of Part V of the Convention (Articles 14–17, concerning the remuneration of workers and related questions) and of paragraphs 2 and 3 of Article 19 of the Convention (concerning child labour, the school-leaving age and the minimum age for admission to employment) would not be applied to the Tokelau Islands (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, page 377). The Committee notes that the rationale for the continued reliance of the Government on the modifications is that there is a lack of trade unions and of relevant legislation governing the matters arising under Article 14(1), and that these Articles therefore continue to be inapplicable to Tokelau. The Government reports that there have been no changes in the application of the Convention and that remuneration agreements continue to be negotiated either on a collective basis (i.e. between the Taupulega of each of the three villages) or on an individual basis. On the other hand, Business New Zealand is of the view that the provisions of the Convention related to the remuneration of workers do not apply to Tokelau. It observes that, due to the communal nature of Tokelauan society, sources of income, the most common being the public service salary, welfare benefits and inati (a communal fishing and distribution practice), are shared among households. The Committee recalls that the NZCTU had previously urged the Government to consider ending its reliance on these modifications. It maintained that the New Zealand Government should consider together with the Tokelau Government how freedom of association and the right to collective bargaining are guaranteed in Tokelau. The Committee therefore reiterates its request that the Government consider the possibility of taking such action in the near future in accordance with Article 22(3) of the Convention and article 35, paragraph 3 of the ILO Constitution.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of Business New Zealand, as well as the observations of the New Zealand Council of Trade Unions (NZCTU), received on 20 August 2018, together with the Government’s report, as well as the Government’s reply to these observations.

Parts II and III of the Convention. General principles. Improvement of standards of living and other social policy objectives. The Government recalls that, following two self-determination referenda held in 2006 and in 2007, in which Tokelau voters signalled that conditions were not yet right for constitutional change, the leaders of Tokelau and New Zealand decided that there should be an appreciable period of time before Tokelau would undertake any further act of self-determination. It adds that, following this decision, the focus of the relationship between New Zealand and Tokelau since 2008 has been to address the core requirements of the three atoll populations. The Government indicates that much remains to be accomplished by Tokelau to ensure that core services are delivered for the people of each atoll before conditions for any future referendum could be seen to be met. The Committee recalls that the provision of economic support by New Zealand for Tokelau’s economic and social development was agreed in the Joint Statement on the Principles of Partnership between Tokelau and New Zealand signed in 2003, and was reaffirmed in the Joint Commitment for Development in 2011. The Government indicates that this budgetary support is provided according to the priorities of the Tokelau National Strategic Plan and assists the Government of Tokelau to pay for core government services, including health and education. The Committee notes that, from July 2015 to June 2018, New Zealand contributed 35 million New Zealand dollars (NZD) in budgetary support and an additional NZD5 million to strengthen public services in Tokelau. It also recently committed NZD40 million to improving Tokelau’s transport and Internet connectivity. The Committee notes that New Zealand’s assistance has been matched during this period by major increases in Tokelau’s fisheries revenue. In this respect, the New Zealand Government provides support to Tokelau to sustainably manage its fisheries and to maximize its revenue for the Tokelau exclusive economic zone. The Committee takes note of the new Tokelau Employment Commissioner Rules agreed in 2016, which set out the role of the Commissioner in managing public service performance, including in making recommendations for the appointment, promotion, and remuneration of public sector employees. The Committee requests the Government to continue to provide information on the progress made in pursuing the social and economic policies covered by the provisions of the Convention applicable to Tokelau.

Part IV and VI. Migrant workers. Abolition of discrimination. The Government indicates that the provisions related to migrant workers should be seen in the context of Tokelau’s cultural and geopolitical context. As far as the provisions on abolition of discrimination are concerned, the Government indicates that it is bound by the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and refers to its previous reports on that Convention. The NZCTU observes that provisions concerning migrant workers and non-discrimination should receive expression in the Tokelau jurisdiction to the extent possible. The Committee requests the Government to provide updated information on measures taken or envisaged relating to migrant workers (Articles 10–13) and abolition of discrimination (Article 18).

Part VIII. Modifications to the provisions of the Convention. The Committee recalls that, in the declaration of 18 February 1954, appended to its ratification of the Convention, the Government of New Zealand undertook to apply the provisions of the Convention to the Tokelau Islands, subject to the following modifications: that the provisions of Part V of the Convention (Articles 14–17, concerning the remuneration of workers and related questions) and of paragraphs 2 and 3 of Article 19 of the Convention (concerning child labour, the school-leaving age and the minimum age for admission to employment) would not be applied to the Tokelau Islands (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, page 377). The Government recalls that the rationale for its continued reliance on the modifications is that there is an absence of trade unions and of relevant legislation governing the matters arising under article 14(1) and that such articles therefore continue to be inapplicable to Tokelau. The Committee notes the Government’s statement that all other parts and articles under Convention No. 82 apply in Tokelau. The Committee notes that, in May 2014, an external review of Tokelau’s public service framework was completed, which included a review of the public service organization chart and all job descriptions, and the development of a remuneration policy framework and remuneration levels, guidelines and procedures. The review identified a number of inconsistencies, inter alia, with remuneration practices which are being addressed. In its observations, the NZCTU urges the Government to consider ending its reliance on these modifications. It maintains that the New Zealand Government should consider together with the Tokelau Government how freedom of association and the right to collective bargaining are guaranteed in the Tokelau territory. The Committee recalls that, pursuant to Article 22(3) of the Convention, the Government may at any time renounce in whole or in part the right to have recourse to any modification indicated in a declaration by a subsequent one. In accordance with article 35, paragraphs 2 and 3, of the ILO Constitution, such a decision would have to take the form of a formal declaration communicated to the Director-General of the International Labour Office. The Committee therefore reiterates its request that the Government consider the possibility of taking such action in the near future in accordance with Article 22(3) of the Convention and article 35, paragraph 3 of the ILO Constitution.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the information contained in the Government’s report received in October 2013 in reply to the 2008 direct request. The Government recalls that, following two self-determination referenda in 2006 and in 2007 where the Tokelau voters signalled that the timing and conditions were not yet right for constitutional change, the leaders of Tokelau and New Zealand decided that there should be an appreciable period of time before Tokelau would undertake any further act of self-determination. It adds that, following such decision, the focus of the relationship between New Zealand and Tokelau since 2008 has been addressing the core requirements of the three atoll populations. Moreover, the Government specifies that the provision of economic support for Tokelau’s economic and social development was agreed in the Joint Statement on the Principles of Partnership between Tokelau and New Zealand signed in 2003, and reaffirmed in the Joint Commitment for Development in 2011. The Committee invites the Government to continue to provide information on the progress made in pursuing the social and economic policies covered by the provisions of the Convention applicable to Tokelau.

In its previous comments, the Committee invited the Government to state what modifications to the provisions of the Convention continued to be necessary, and to supply available information on the local conditions which necessitated the retention of the said modifications, as required by Article 23 of the Convention. The Government indicates that, due to the absence of trade unions and of relevant legislation governing such areas, Article 14(1) of the Convention continues to be inapplicable in Tokelau. The Committee notes the Government’s statement that all other parts and articles under Convention No. 82 apply in Tokelau. The Committee recalls that, in the declaration of 18 February 1954, appended to its ratification, the Government of New Zealand undertook that the provisions of Convention No. 82 would be applied to the Tokelau Islands, subject to the following modifications: that the provisions of Part V of the Convention (Articles 14–17 inclusive, concerning remuneration of workers and related questions) and of paragraphs 2 and 3 of Article 19 of the Convention (concerning child labour, school-leaving age and minimum age for admission to employment) would not be applied to the Tokelau Islands (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, page 377). In that regard, the Committee recalls that pursuant to Article 22(3) the Government may at any time renounce in whole or in part the right to have recourse to any modification indicated in a declaration by a subsequent one; such decision, in accordance with article 35, paragraphs 2 and 3, of the ILO Constitution, would have to take the form of a formal declaration communicated to the Director-General of International Labour Office. The Committee therefore invites the Government to consider possible action in accordance with Article 22(3) of the Convention and article 35, paragraph 3 of the ILO Constitution.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. The Committee notes the report for the period ending May 2008 in which the Government indicates that from 20 to 24 October 2007, Tokelau, with the assistance from New Zealand and under the supervision of the United Nations, conducted a second referendum on self-determination. By a narrow margin, the Tokelau electorate chose to retain its current status as a dependency of New Zealand. In its comments, the New Zealand Council of Trade Unions (NZCTU) notes with interest the steps taken by the New Zealand Government in supporting the development of self-determination by the people of the Tokelau Islands and concurs with the Tokelau people’s expressed wish for greater certainty regarding New Zealand’s continuing support. The Committee would appreciate continuing receiving information on the progress made in Tokelau in pursuing the social and economic policies covered by the Convention.

2. In this respect, the Committee recalls that, in the declaration of 18 February 1954, appended to its ratification, the Government of New Zealand undertook that the provisions of Convention No. 82 would be applied to the Tokelau Islands, subject to the following modifications: that the provisions of Part V of the Convention (Articles 14–17 inclusive, concerning remuneration of workers and related questions) and of paragraphs 2 and 3 of Article 19 of the Convention (concerning child labour, school-leaving age and minimum age for admission to employment) would not be applied to the Tokelau Islands (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, page 377). The Committee asks the Government to state in its next report on the application of the Convention what modifications to the provisions of the Convention continue to be necessary, and to supply available information on the local conditions which necessitate the retention of the said modifications, as required by Article 23 of the Convention.