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

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

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.