CONVENTION 82 NEW ZEALAND (TOKELAU)
Article 22 of the Constitution of the ILO
Report for the period 1 July 2003 to 31 May 2008
made by Tokelau on the
SOCIAL POLICY (NON-METROPOLITAN TERRITORIES) CONVENTION, 1947 (No. 82)
- Please give a list of the legislation and administrative regulations, etc., which apply the provisions of the Convention. Where this has not already been done, please forward copies of the said legislation, etc., to the International Labour Organisation with this report. Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit of, or as a result of, ratification.
The Convention’s main principles are embodied in the relationship of partnership that exists between New Zealand and Tokelau. Please see the attached Joint Statement of the Principles of Partnership between Tokelau and New Zealand.
- Please give available information concerning the policies, practices or any other measures (indicating, where appropriate, the relevant provisions of the above-mentioned legislation or administrative regulations etc) the effect of which is to ensure the application of each of the following Articles of the Convention. If in your country the ratification of the Convention gives the force of national law to its provisions please indicate by virtue of what constitutional provisions the ratification has had this effect. Please also specify what action has been taken to make effective those provisions of the Convention which require competent authority to take certain specific steps for its implementation. If the Committee of Experts or the Conference Committee on the Application of Conventions and Recommendations has requested additional information or has made an observation on the measures adopted to apply the Convention, please supply the information asked for or indicate the action taken by your Government to settle the points in question.
Part II – General Principles and Part III – Improvement of Standards of Living and Part VII – Education and Training
Questions relating to the application of the provisions of the Convention to Tokelau require an understanding of its physical, cultural and political context. Reference should be made to previous reports, the report to the New Zealand Parliament of the New Zealand-based Administrator of Tokelau (attached), and to the working papers issued each year by the United Nations Special Committee on Decolonization. The New Zealand Ministry of Foreign Affairs and Trade’s website also contains useful and important information about Tokelau, see http://www.mfat.govt.nz/Countries/Pacific/Tokelau.php and http://www.mfat.govt.nz/Foriegn-Relations/Pacific /Tokelau/index.php.
New Zealand’s financial support for Tokelau is provided in a three-year Economic Support Arrangement, the latest of which, covering the period from 1 July 2007 to 30 June 2010 to the value of up to $43.175 million, was signed by the New Zealand Minister of Foreign Affairs, Rt Hon Winston Peters and the Ulu of Tokelau, Hon Kuresa Nasau in November 2007. From 20-24 October 2007 Tokelau, with 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.
Part IV – Provisions concerning Migrant Workers
The application of this Part of the Convention must be seen in the context of Tokelau’s physical, cultural and political context. Please refer to the attached Administrator’s Report to Parliament.
Part VI – Non-Discrimination on Grounds of Race, Colour, Sex, Belief, Tribal Association or Trade Union Affiliation
Please refer to previous reports on the Discrimination (Employment and Occupation) Convention 1958 (ILO 111).
Part VIII – Miscellaneous Provisions
Part V and Articles 19.2 and 19.3 do not apply in Tokelau.
- Please state to what authority or authorities the application of the above-mentioned legislation and administrative regulations, etc., is entrusted and the methods application is supervised and enforced. In particular, please supply information on the organisation and working of inspection.
Please refer to previous reports that have explained the special constitutional relationship between New Zealand and Tokelau.
- Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.
No court or tribunal decisions of this kind have been issued in Tokelau.
- Please give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, copies of collective agreements or of conciliation awards, together with information on any practical difficulties which may have arisen in applying the Convention.
Please refer to previous reports and the commentary under Question II above.
- Please indicate the representative organisations of employers and workers to which copies of the present report have been communicated in accordance with article 23 paragraph 2 of the Constitution of the International Labour Organisation. If copies of the report have not been communicated to representative organisations of employers and/or workers or if they have been communicated to bodies other than such organizations please supply information on any particular circumstances existing in your country which explain the procedure followed. Please indicate whether you have received from the organisations of employers or workers concerned any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention. If so, please communicate the observations received, together with any comments that you consider useful.
New Zealand Council of Trade Unions
Business New Zealand