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.