KIRIBATI NATIONAL LABOUR MIGRATION POLICY

Page created by Beatrice Robinson
 
CONTINUE READING
KIRIBATI NATIONAL LABOUR MIGRATION POLICY
KIRIBATI NATIONAL
LABOUR MIGRATION
POLICY
KIRIBATI NATIONAL
                                                LABOUR MIGRATION
                                                POLICY

2   KIRIBATI NATIONAL LABOUR MIGRATION POLICY        KIRIBATI NATIONAL LABOUR MIGRATION POLICY   1
Preface                                                                                                                      Ministerial Foreword

Although migration is a running thread through much of Kiribati’s long history, never has it been so relevant and            There is no doubt that our country faces critical challenges in generating decent work opportunities for our people.
critical a topic as it arguably is today. However, migration is not unique to Kiribati or the Pacific region. One only has   As is the case for most small island countries, the tyranny of distance from other countries makes creating a strong
to look at what is happening globally to understand that migration continues to be relevant today as it was in the           private sector – the engine of growth in many other countries - undeniably challenging. However, our country is also
past. Migration is often seen as synonymous with displacement, with brain drain and with loss of culture. However,           blessed with a youthful and energetic labour force which can bring not only bring new dynamism to our own labour
these fears are not inherent in the concept of migration, but rather are the consequences of what happens if we don’t        market, but can also fill labour shortages in other countries, earning remittances that can help spur development in
manage migration well.                                                                                                       our country.

For Kiribati, migration is the proud tradition of seafaring – in which hundreds of our young men voyage the world            I am honoured to be presenting Kiribati’s first National Labour Migration Policy and Action plan which, for the first
and send back savings and remittances which stimulate our economy. Migration is the involvement of hard-working              time, develops a clear pathway for how our country will promote opportunities for decent foreign employment while
i-Kiribati men and women on Australian and New Zealand farms, filling vital labour shortages while also gaining skills       at the same time protecting the rights of migrant workers and providing support services.
and experience abroad. Migration is the strength of our diaspora communities, which can support our country’s
development and help to integrate future migrants, particularly if we are forced to move due to the impacts of climate       This policy could not have been achieved without the tireless work of the Ministry of Labour and Human Resource
change. Migration is many things to many people, but above all, migration is a voluntary choice which people should          Development (MLHRD) with technical and financial support from the International Labour Organization (including
be able to make based on a realistic understanding of options; and a choice which can be exercised safely and for the        consultant Dr Carmen Voigt Graf), through a European Union-funded project titled Pacific Climate Change and
long-term benefit of our people.                                                                                             Migration. My thanks go not only to the efforts of these key stakeholders, but the many other organizations that
                                                                                                                             participated in numerous consultations on this policy to ensure that it reflected a whole-of-government approach
The Government of Kiribati recognises the important role of international labour migration in addressing a deficit           to increasing decent work opportunities abroad. These included the Ministry of Foreign Affairs and Immigration,
of employment opportunities on our islands, and promoting economic and social development. It is also a critical             the Ministry of Commerce Industry and Cooperatives, the Ministry for Women Youth and Sports, the Ministry of
component in the concept of Migration with Dignity, which articulates the importance of training I-Kiribati to take up       Environment, Lands and Agriculture Development, the Ministry of Education, the Public Service Office, the Ministry
skilled labour migration opportunities in response to climate change threats to livelihoods at home.                         of Fishing and Marine Resources Development, the Ministry of Internal Affairs, the Ministry of Finance and Economic
                                                                                                                             Development, the Office of the Beretitenti, the Ministry of Communications,Transport and Tourism Development, the
For this reason, I am pleased to be presenting this policy to the people of Kiribati, as a testament to the Government’s     Kiribati Trade Union Congress, the Kiribati Chamber of Commerce and Industry and the Kiribati Major Employers
commitment to ensuring that safe and productive opportunities are available for labour migration, as a choice that           Organization.
they can make.
                                                                                                                             This policy is not simply a document but a commitment to action that our Government has pledged. Specific, time-based
                                                                                                                             activities have been outlined in this policy to be completed between 2015-2019. These activities will be thoroughly
                                                                                                                             monitored, tracked and evaluated, to make sure that we are doing everything we can to establish a workforce that
                                                                                                                             has the skills and knowledge to compete for labour migration opportunities, and that these opportunities lead to
Te Mauri, Te Raoi, Te Tabomoa.                                                                                               stronger diasporas, greater remittances, and long-term development for our people.
His Excellency Mr Anote Tong
President of the Republic of Kiribati

                                                                                                                             Hon Martin Moreti,
                                                                                                                             Minister of Labour and Human Resource Development

2        KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                                                                                                                KIRIBATI NATIONAL LABOUR MIGRATION POLICY    3
TABLE OF CONTENTS                                                                                                                                                                     list of TABLES AND FIGURES

TABLES AND FIGURES .................................................................................................. 5                                                               Figure 2.1:   Population of Kiribati and South Tarawa, 1931 to 2010
ABBREVIATIONS AND ACRONYMS................................................................................ 6                                                                          Table 2.1:    Activity status of the Kiribati population: 1985 – 2010

1. Introduction................................................................................................................ 8                                                     Table 2.2:    Economic activity of population aged 15 years and over, 2010

2. Context....................................................................................................................... 9                                                   Table 2.3:    Highest school attainment of working population aged 15 and over, 2010
                                                                                                                                                                                      Figure 2.2:   Number of I-Kiribati seasonal workers in Australia and New Zealand
    2.1 Overview of the economy, population and labour market..................................................................... 9
                                                                                                                                                                                      Table 2.4:    Household income sources, 2010
    2.2 Labour migration from Kiribati: Current trends, opportunities and challenges............................... 12
                                                                                                                                                                                      Table 2.5     Institutional Framework: Government of Kiribati’s line ministries and other
    2.3 Legal and institutional framework for managing migration................................................................... 15
                                                                                                                                                                                                    institutions with responsibilities on labour migration
3. VISION AND POLICY STATEMENT........................................................................... 17

    3.1 Vision.................................................................................................................................................................. 17

    3.2 Goals and Objectives..................................................................................................................................... 17

    3.3 Policy Statement............................................................................................................................................. 17

4. POLICY AREAS AND ACTION PLAN......................................................................... 19

    4.1 Protecting the rights of migrant workers and providing support services........................................ 19

    4.2 Promoting opportunities for decent foreign employment.................................................................... 22

    4.3 Increasing the development benefits of labour migration..................................................................... 30

    4.4 Improving the Administration of Labour Migration................................................................................ 33

5. INCEPTION, FOLLOW UP, MONITORING AND EVALUATION of the NLMP........... 35

Key documents consulted............................................................................................. 36

4             KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                                                                                                                                                                 KIRIBATI NATIONAL LABOUR MIGRATION POLICY   5
ABBREVIATIONS AND ACRONYMS

APTC          Australia-Pacific Technical College          MFAI      Ministry of Foreign Affairs and
DoE           Department of Employment, Australia                    Immigration
EEZ           Exclusive Economic Zone                      MFMRD     Ministry of Fisheries and Marine
EQAP          Educational Quality and Assessment                     Resources Development
              Programme                                    MHMS      Ministry of Health and Medical
FNU           Fiji National University                               Services
FTC           Fisheries Training Centre                    MIA       Ministry of Internal Affairs
GFC           Global Financial Crisis                      MLHRD     Ministry of Labour and Human
GOK           Government of Kiribati                                 Resources Development
HIES          Household Income and Expenditure Survey      MHMS      Ministry of Health and Medical
IAU           Inter-Agency Understanding                             Services
ITAC          Industry Training Advisory Committee         MOU       Memorandum of Understanding
ITF           International Transport Workers’             MTC       Marine Training Centre
              Federation                                   MWYSA     Ministry of Women,Youth and Sports
ILO           International Labour Organization            NLMP      National Labour Migration Policy
IMF           International Monetary Fund                  OB        Office of Te Beretitenti
IMO           International Maritime Organization          PAC       Pacific Access Category
KANI          Kiribati Australia Nursing Initiative        PACER     Pacific Agreement on Closer Economic
KCCI          Kiribati Chamber of Commerce and                       Relations
              Industry                                     PAILS     Pacific Islands Labour Sending Forum
KDP           Kiribati Development Plan 2012–2015          PIC       Pacific Island Country
KIT           Kiribati Institute of Technology             PICTA     Pacific Island Countries Trade
KJIP          Kiribati Joint Implementation Plan on                  Agreement
              Climate Change and Disaster Risk             PLMAM     Pacific Labour Mobility Annual Meeting
              Management                                   PNA       Parties to the Nauru Agreement
KIOSU         Kiribati International Overseas Seamen’s     PSDS      Private Sector Development Strategy
              Union                                        PSO       Public Service Office
KNSO          Kiribati National Statistics Office          RERF      Revenue Equalisation Reserve Fund
KPA           Key Policy Areas                             RSE       Recognised Seasonal Employer
KSON          Kiribati School of Nursing                             scheme, New Zealand
KTC           Kiribati Teachers College                    SPC       Secretariat of the Pacific Community
KTUC          Kiribati Trade Union Congress                STCW      Standards of Training, Certification and
LDC           Least Developed Country                                Watchkeeping
LMWG          Labour Mobility Working Group                SWP       Seasonal Work Program, Australia
MBIE          Ministry of Business, Innovation and         TMNP      Temporary Movement of Natural
              Employment, New Zealand                                Persons
MCIC          Ministry of Commerce Industry and            TVET      Technical and Vocational Education and
              Cooperative                                            Training
MCTTD         Ministry of Communications, Transport and    TVETSSP   TVET Sector Strengthening
              Tourism Development                                    Programme
MoE           Ministry of Education                        USP       University of the South Pacific
MELAD         Ministry of Environment, Lands and
              Agriculture Development
MFAT          Ministry of Foreign Affairs and Trade, New
              Zealand

6       KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                               KIRIBATI NATIONAL LABOUR MIGRATION POLICY   7
1. Introduction                                                                                                                2. Context

The Government of Kiribati recognises the important role of labour migration in addressing the lack of employment              The Government of Kiribati recognises three key pressure points on the domestic labour market: 1) the number of
opportunities, promoting economic and social development, alleviating poverty, and adapting to climate change. The             school leavers entering the labour market and seeking employment is increasing at a faster rate than the creation
National Labour Migration Policy (NLMP) is designed to provide a coherent strategy for promoting overseas                      of decent employment opportunities in the domestic economy; 2) due to internal migration to South Tarawa, the
employment and protecting the welfare of I-Kiribati abroad, within the broader context of generating productive and            population there is increasing at about double the national rate, leading to increased pressure on the labour market
decent employment opportunities for all I-Kiribati. The Government recognises that labour migration will become                in these already densely populated areas; and 3) Kiribati today has fewer opportunities for labour migration than it
an increasingly important strategy for permanent migration and population control according to the government’s                had a decade ago due to falling overseas demand for seafarers from Kiribati and ongoing challenges with increasing
“Migration With Dignity” Policy, which articulates the importance of training I-Kiribati to take up skilled labour migration   the number of seasonal workers in Australia and New Zealand. In addition to these pressures on the labour market,
opportunities in response to climate change threats to livelihoods at home.                                                    Kiribati’s long-term sustainability as an island nation is under threat from climate change, one response to which is
                                                                                                                               the permanent relocation of some of its people, under the Government’s “Migration with Dignity” Policy.
The Government of Kiribati adopts this National Labour Migration Policy to achieve the following objectives:
                                                                                                                               These challenges call for a review of the current situation and for the development of a National Labour
1.   Protecting the rights of migrant workers and providing support services;                                                  Migration Policy that promotes a balanced approach to future labour migration, provides an outlet to alleviate
2.   Promoting opportunities for decent foreign employment;                                                                    domestic employment pressures, and helps secure Kiribati’s long-term survival as a nation, people and culture. It
3.   Increasing the development benefits of labour migration; and                                                              is crucial that this policy is in line with the Government’s overall strategy for national development, and provides
4.   Improving the administration of labour migration.                                                                         I-Kiribati with opportunities for safe and productive employment abroad that contribute to the maintenance of
                                                                                                                               sustainable livelihoods at home.
The International Labour Organization’s (ILO) Office for Pacific Countries was requested in 2014 by its partner – the
Ministry of Labour and Human Resource Development (MLHRD) – to help develop a coherent strategy and action                     2.1 Overview of the economy, population and labour market
plan for labour migration from Kiribati. The product of this collaboration is this NLMP which contains the following
substantive sections: context, vision and policy statement, policy areas and action plan, and inception, follow-up,            Kiribati is one of the lowest earning and most remote islands among small states (IMF, 2014). It is categorised by
monitoring and evaluation. The NLMP is concerned with the emigration of workers from Kiribati and focuses on the               the United Nations as both a “Small Island Developing State” and a “Least Developed Country”. Kiribati faces major
permanent, temporary and seasonal migration of workers of all skill levels to anywhere in the world. The policy does           development challenges and relies heavily on foreign aid to finance its large development needs.
not cover immigration into Kiribati and the situation of foreign workers in Kiribati.
                                                                                                                               National economy
A fundamental requirement for the successful achievement of better labour migration outcomes for Kiribati is a co-
ordinated, whole-of-government approach to increasing work opportunities overseas, and mainstreaming of labour                 Kiribati consists of 33 small islands with an Economic Exclusive Zone (EEZ) of 3.5 million square kilometres, and a
migration into the country’s policies for national development. The Government of Kiribati (GOK) welcomes the                  land mass of 810 square kilometres. In 2010, its population was 103,058 (KNSO, 2012). The per capita income was
participation and contributions of all stakeholders including donor governments in facilitating the implementation of          USD 1,650 in 2013, down from USD 1,736 in both 2011 and 2012 (World Bank), which was the lowest of any Pacific
the action plans and recommendations of the policy which has been developed through a process of consultation                  Island Country (PIC) included in the World Bank database.
with key stakeholders from the Government of Kiribati and the social partners.
                                                                                                                               In common with other small island atoll states Kiribati faces obstacles posed by remoteness, lack of scale and
                                                                                                                               vulnerability to external shocks and environmental degradation. Internal and external remoteness and weakness in
                                                                                                                               business climate has kept the private sector small. Kiribati has few natural resources and tourism is negligible.

                                                                                                                               Notwithstanding its limited range of economic assets, Kiribati has largely had a solid record of financial stability
                                                                                                                               since independence in 1979. Governments have adopted a cautious approach to domestic spending combined with a
                                                                                                                               deliberate policy of capitalising its sovereign wealth fund, the Revenue Equalisation Reserve Fund (RERF). The RERF
                                                                                                                               is used to supplement recurrent revenues and smooth volatility in other income sources, e.g. seasonal fluctuations
                                                                                                                               in fishing revenue.

                                                                                                                               In 2014, the Kiribati economy grew by 3.0%. Growth was sustained by construction projects funded by development
                                                                                                                               partners and continuing high revenue from fishing license fees. As a party to the Nauru Agreement, Kiribati has
                                                                                                                               benefitted from rising rates under the vessel day scheme. Growth in Kiribati’s economy is projected to halve to 1.5%
                                                                                                                               in both 2015 and 2016 as projects funded by development partners are completed. The IMF Article IV of 2014 states
                                                                                                                               that Kiribati’s key economic challenges are: to reduce large structural fiscal imbalances and to increase growth and
                                                                                                                               employment opportunities.

                                                                                                                               Communication services remain limited throughout Kiribati and when they are available they are very expensive.
                                                                                                                               Internet penetration remains relatively weak, with just 4% of households having access to the internet in 2010
                                                                                                                               according to the 2010 Census. Communication between islands, particularly outer islands, is also difficult because
                                                                                                                               of isolation and a lack of access to affordable transport. The main island of South Tarawa is connected through two
                                                                                                                               commercial flights per week to Fiji with Fiji Airways and two flights a week to Nauru and Majuro with Air Nauru.

8        KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                                                                                                                  KIRIBATI NATIONAL LABOUR MIGRATION POLICY    9
Population                                                                                                                                                    Table 2.2 shows more detail on the economic activities of the population aged 15 years and over in 2010.1 In 2010, the
                                                                                                                                                              unemployment rate was 31% of the labour force. It was higher amongst females (34.1%) than males (27.6%) (KNSO,
At the time of the last Census in 2010, the population of Kiribati was 103,058 including 50,796 males and 52,262                                              2012).Youth unemployment was particularly high, with 54% of the 15-24 year old persons being unemployed (KNSO,
females (KNSO, 2012). Kiribati faces two key demographic challenges: a rapidly growing population, and increasing                                             2012). According to the National Youth Policy, over 2,000 students leave school each year. However, there are only
overcrowding in South Tarawa.                                                                                                                                 400 to 600 paid jobs available, and training institutions absorb around 300 to 400 school leavers (GOK, 2011), leaving
                                                                                                                                                              at least half of the school leavers without training opportunities or jobs. It is also obvious from Table 2.2 that the
In 2010, Kiribati’s population was almost four times that recorded in the first Kiribati census in 1931, which reported                                       public sector dominates the Kiribati economy. 34% of the paid labour force are employed by the government (KNSO
29,671 people (Fig. 2.1). Over the past five years, Kiribati’s population has increased by 11,000 people. Figure 2.1                                          2012, KNSO & SPC 2012).
shows that there is no abating of the population growth rate and that South Tarawa’s population has experienced
an even higher population growth, from 1,671 in 1947 to 50,182 in 2010. The urban growth rate in South Tarawa
                                                                                                                                                              Table 2.2: Economic activity of population aged 15 years and over, 2010
between 2005 and 2010 was 4.4% per annum, compared to 2.2% for the total population (KNSO and ILO, 2012).The
densely populated atoll of Tarawa is particularly vulnerable to climate change impacts and development pressures.
                                                                                                                                                                                Economic activity                                                                               Males                     Females                       Total
Figure 2.1: Population of Kiribati and South Tarawa, 1931 to 2010                                                                                                 1. Labour force
120,000                                                                                                                                                            1.1 Employed - paid work
                                                                                                               103,058

100,000                                                                                               92,533                                                            Employer                                                                                                       775                         343                         1,118
                                                                                            84,494
                                                                                   77,658                                                                               Employee                                                                                                    9,158                       7,974                        17,132
 80,000                                                                   72,335
                                                                63,883                                                                                                    - Employee government                                                                                     3,586                        3,135                         6,721
                                                     56,213
                                        51,926
 60,000                                                                                                         50,182                                                    - Employee private                                                                                        2,569                        1,689                         4,258
                                                                                                     40,311
                       43,336
 40,000      31,423                                                                28,350                                                                                 - Producing goods for sale                                                                                3,003                        3,150                         6,153
                                                              21,393     25,380
                                      14,861
                                                    17,921                                                                                                              Self-employed                                                                                                  829                         514                         1,343
 20,000
                       6,101                                                                                                                                            Total employed - paid work                                                                               10,762                         8,831                       19,593
              1,671
       0
           1931       1947 1963      1968 1973 1978 1985 1990 1995 2000 2005 2010
                                              Census years                                                                                                          1.2 Employed - unpaid work
                                                                                                                                                                        Voluntary work                                                                                                 355                         223                            578
Source: KNSO and SPC, 2012.
                                                                                                                                                                        Unpaid family work                                                                                          1,887                       1,028                          2,915
Labour market                                                                                                                                                           Subsistence - Village work                                                                                  2,329                       1,681                          4,010
                                                                                                                                                                      Total employed - unpaid work                                                                                 4,571                        2,932                         7,503
There is a lack of reliable labour market data in Kiribati since no labour market survey has been conducted and
there is no centralised database to coordinate labour market information within the MLHRD. The main source of                                                      Total employed                                                                                                15,333                      11,763                         27,096
labour market data is the five-yearly population census with the most recent census conducted in 2010. Some labour
market information is collected in the Household Income and Expenditure Survey (HIES), the most recent being                                                       1.3 Unemployed                                                                                                   5,853                       6,085                        11,938
conducted in 2006. The National Statistics Office is the main government office responsible for all national statistics
                                                                                                                                                                  Sub-total in the labour force                                                                                  21,186                      17,848                         39,034
including population censuses and household surveys. The lack of reliable labour market data, fragmentation of data
and absence of a proper and centralised centralised database at MLHRD is a potential threat to the Government’s
efforts to increase labour mobility.                                                                                                                              % unemployed                                                                                                           27.6                        34.1                           30.6

Kiribati has a relatively youthful population with 36% of the total population in 2010 below 15 years of age. Between
the last two censuses in Kiribati, the working age population of 15 to 64 years increased from 55,060 in 2005 to                                                   2. Not in the labour force
62,208 in 2010 (KNSO, 2007; KNSO 2012). Table 2.1 shows that while the economically active population increased,                                                        Student                                                                                                     2,561                       2,816                          5,377
the number of employed persons actually decreased. As a consequence, the number of unemployed increased from                                                            Home duties                                                                                                 2,771                       6,967                          9,738
2,254 in 2005 to 11,426 in 2010.
                                                                                                                                                                        Inactive                                                                                                    2,838                       3,007                          5,845
Table 2.1: Activity status of the Kiribati population: 1985 – 2010                                                                                                      Retired                                                                                                     1,993                       3,117                          5,110
                                                                                                                                                                        Disabled                                                                                                       384                         386                            770
                                                                                                      1985               1995     2000     2005     2010           Total not in the labour force                                                                                 10,547                      16,293                         26,840
 Total population                                                                                       63,432           77,658   84,494   92,533   103,058       Total                                                                                                          31,733                      34,141                         65,874
 Working age population (15 – 64 years)                                                                 36,540           43,019   47,917   55,060    62,208
                                                                                                                                                              Source: KNSO and SPC, 2012.
 Economically active (labour force)                                                                     25,348           36,613   39,425   35,929    39,261
 Employed                                                                                               24,730           36,547   38,811   33,692    27,835
     Paid employment                                                                                      6,459           7,787    9,046   12,014    10,847
     Self employment                                                                                    18,269           28,760   29,767   21,662    16,988
 Unemployed                                                                                                    618          66      648     2,254    11,426
Source: Kiribati National Statistic Office, 2013.                                                                                                             1
                                                                                                                                                                   The figures in Table 2.1 differ slightly from those in Table 2.2 because Table 2.1 refers to the working age population of between 15 and 64 years of age, whereas Table 2.2 refers to the
                                                                                                                                                                   population above 15 years of age.

 10          KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                                                                                                                                                                                         KIRIBATI NATIONAL LABOUR MIGRATION POLICY                              11
The 2010 Census showed that only 3% of the labour force had a higher education in 2010. More than one-half the            Figure 2.2: Number of I-Kiribati seasonal workers in Australia and New Zealand
working population (57%) has attained a secondary level education, with just over 30% having a primary education
and about 10% of the working population having no formal education (see Table 2.3).                                                        160
                                                                                                                                           140

                                                                                                                       Number of workers
Table 2.3: Highest school attainment of working population aged 15 and over, 2010                                                          120
                                                                                                                                           100
                                                                           Males        Females           Total                             80
  School attainment                                                                                                                         60
  No school                                                                  9.5          10.6            10.0                              40
                                                                                                                                            20
  Primary                                                                   30.8          29.9            30.3
                                                                                                                                             0
  Secondary                                                                 56.2          56.8            56.5                                      2008         2009         2010         2011         2012         2013             2014
  Higher education                                                           3.5           2.8             3.1                                                    Australia                               New Zealand
                                                                                                                          Source: Data provided by MLHRD
  Total                                                                    100.0         100.0           100.0
Source: KNSO and SPC, 2012.                                                                                               The Kiribati Australia Nursing Initiative (KANI) programme, completed in September 2014, educated 84
                                                                                                                          young I-Kiribati women and men in nursing at Griffith University in Brisbane. As of February 2014, 78 had graduated
2.2 Labour migration from Kiribati: Current trends, opportunities and challenges                                          with a Bachelor degree in Nursing (63), Social Work (3) or Human Services (1), Diploma of Nursing (4), Diploma
                                                                                                                          of Community Welfare (1) or Certificate III in Aged Care qualifications (6) (Shaw, Edwards and Rimon, 2014), while
Current migration trends                                                                                                  five had withdrawn and one was still studying. The programme was a response by the Australian Government to the
                                                                                                                          Government of Kiribati’s concerns about climate change, youth unemployment and the need to give I-Kiribati the
After independence, seafaring has presented the best overseas employment opportunity for I-Kiribati, complemented         opportunity to gain internationally recognised qualifications. Of the 68 graduates with Bachelor degrees, 55 were
by other temporary work and few permanent migration opportunities. The Marine Training Centre (MTC) is a world            working as trained nurses in the aged care sector (24 full time and 22 part-time in Australia, and 9 in Kiribati). While
class marine training institution, providing training for ratings to work in deck and engineering positions under         KANI will not be continued, the Australian Government has declared its commitment to pursue the objective of
the international maritime convention STCW-95. Ship-owning companies represented by the German shipping line              increased labour mobility through other programmes.
South Pacific Marine Services (SPMS) employ seamen who trained at MTC. However, employment of seafarers
fell sharply in the wake of the Global Financial Crisis. (IMF, 2014). In June 2015, there were about 750 Kiribati         One of the most recent initiatives is a five-year pilot program to provide up to 250 citizens (around 50 per year)
seamen on board, compared to 1,452 in 2006. The recovery in world trade from the global crisis did not produce a          of Kiribati, Nauru and Tuvalu access to a multi-year work visa (two years, with the option of applying for an additional
corresponding recovery in seafarer employment for a number of structural reasons within the shipping industry (IMF,       (third) year) to work in lower-skilled jobs in Northern Australia.2 The pilot program will target non-seasonal occupa-
2014), including a restructuring of the industry and lower demand for crew globally. On a positive note, the number       tions, where employers are unable to attract Australian-resident workers. Department of Employment and Austrade
of I-Kiribati seafarers is on the rise again.                                                                             labour market analysis and industry and stakeholder consultations will be used to identify sectors, occupations and
                                                                                                                          geographic areas of labour demand and the Australian DFAT will work to ensure Australia’s aid program targets tech-
The maritime and fisheries sector also offers employment opportunities for I-Kiribati who used to be trained              nical and vocational training needs to match labour market analysis.
at the former Fisheries Training Centre (FTC) which has become a new department under MTC following the merger
in 2015. Access agreements currently dictate I-Kiribati crewing requirements and I-Kiribati crew have built a strong      Another initiative by the Australian Government to endow Pacific Islanders with skills and qualifications to Australian
regional reputation, particularly among Japanese fleets. It is estimated that approximately 325 I-Kiribati crew are       standards was the establishment of the Australia-Pacific Technical College (APTC) in 2008 with training
working on Japanese fishing vessels and between 100 and 200 on Korean, Taiwanese and Chinese fleets (MFMRD                centres in Fiji, Samoa, Vanuatu and PNG and offering training in hospitality and tourism, automotive, construction,
2013).                                                                                                                    manufacturing and electrical services, and health and community service. APTC scholarships provide opportunities
                                                                                                                          to upgrade skills and gain internationally recognised qualifications. Since 2008, some 232 I-Kiribati students have
Migration flows to New Zealand intensified partly as a result of a work permit scheme in New Zealand in the 1990s         graduated from APTC with qualifications in areas including children’s services, youth work, aged care, disability, hos-
and early 2000s, and the introduction of the Pacific Access Category (PAC) Scheme in 2002. Under the PAC                  pitality, tourism, hairdressing, automotive, electrical, carpentry, painting, and tiling. However, most APTC graduates
Scheme, up to 75 I-Kiribati are accepted to New Zealand every year for permanent settlement under a lottery               from Kiribati are unemployed due to limited employment opportunities in Kiribati and difficulty in accessing overseas
scheme. The lottery winners have six months to secure a job in New Zealand in order to stay in New Zealand. If            employment opportunities.
they fail to find a job, they have to leave New Zealand. The PAC scheme is a self-funded scheme and many workers
draw on their pension funds to meet their expenses. According to the New Zealand Ministry of Business, Innovation         A Memorandum of Understanding between the Republic of China (Taiwan) and the Republic of Kiribati regarding
and Employment, the number of successful PAC applicants from Kiribati including both visa applicants and their            Labour Cooperation was signed in 2007 according to which Taiwan permits the employment of I-Kiribati in Taiwan
dependents who were able to secure a job offer was 61 in 2013-14 and 69 in 2014-15.                                       in certain roles (manufacturing workers, construction workers, domestic helpers, caretakers and crews on ships or
                                                                                                                          fishing boats). Taiwan also welcomes vocational trainees and undertakes to protect female labourers from sexual ex-
More recently, small numbers of workers from Kiribati have found seasonal employment opportunities on                     ploitation and physical abuse. However, there is no record that any labour migration from Kiribati to Taiwan has taken
Australian farms under the Seasonal Work Programme (SWP) and on New Zealand farms under the Recognised                    place under this MoU. Chinese language skills are one of the criteria to consider when preparing workers for Taiwan.
Seasonal Employer (RSE) scheme. However, Kiribati faces competition from larger PICs with better resourced                The MLHRD is currently working with respective agencies in assessing and working on requirements for accessing
Departments of Labour, better end to end processes and better and cheaper air linkages to Australia and New               the Taiwan market.
Zealand. It has therefore not been easy to find New Zealand or Australian employers for seasonal workers from
Kiribati. Overall, 2011 recorded the highest number of I-Kiribati seasonal workers in both SWP and RSE (181), which
fell in subsequent years and reached 168 in 2014.

                                                                                                                          2
                                                                                                                                           Australian Government ‘Developing Northern Australia White Paper’, released in June 2015

12        KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                                                                                                                                                          KIRIBATI NATIONAL LABOUR MIGRATION POLICY   13
Remittances have long been an important income source for households in Kiribati. In 2010, 12.8% of households              In other words, ensuring that I-Kiribati are receiving Australian standard training for an occupation in demand in
received remittances from seafarers and 18.3% received other remittances (see Table 2.4). A higher proportion of            Australia is not sufficient to gain entry as a skilled migrant to Australia. This is also underlined by the experience of
urban than rural households received remittances from seafarers, whereas a higher proportion of rural households            APTC graduates where a mere 1.2% of all APTC graduates from PICs currently reside in Australia or New Zealand
received other remittances. Accounting for the fact that some households receive remittances from seafarers as well         (Curtain 2014). Australian employers are looking for migrants not only with Australian qualifications, but with high-
as other remittances, we can estimate that around one quarter of all households in Kiribati received remittances.           level English language skills, coming from comparable high-quality education systems, who have the right workplace
Before the start of the GFC, remittances were about 15% of GDP. Between 2006 and 2013, seafarer remittances fell            skills to easily and quickly fit into the workplace (Curtain 2014).
by about 4 % of GDP, and stood at 6% of GDP in 2013.
                                                                                                                            It is likely that other countries such as New Zealand will face skill gaps, labour shortages and imbalances, therefore
Table 2.4: Household income sources, 2010                                                                                   potentially presenting employment opportunities for Pacific Islanders across all skill levels including in agriculture,
                                                                                                                            construction, tourism and hospitality, and aged care (Scott and Malaulau 2014).
   Cash income source                          % of urban               % of rural                 % of house-
                                               households               households                 holds in Kiri-           2.3 Legal and institutional framework for managing migration
                                                                                                   bati
                                                                                                                            Legislation and Regulations
  Wages                                           71.7                    34.8                       50.2
  Rental property                                     3.5                   0.9                        2.0                  The legal framework in Kiribati for employment and labour migration includes ILO’s eight Fundamental Conventions
  Seaman’s remittances                            17.9                      9.1                      12.8                   which Kiribati has ratified. The major Acts regulating employment in Kiribati are: The Employment Ordinance 1966
                                                                                                                            (CAP 30, Revised Edition 1980), the Employment (Amendment) Acts 1980 and 2008, the Employment (Return)
  Land rent                                       15.9                     13.7                      14.6                   Regulations, and the Employment (Housing Standards) Regulations. The Employment Ordinance and Employment
  Sale of fish, crops                            25.9                     49.2                       39.5                   (Amendment) Acts have been repealed following the adoption of the Employment and Industrial Relations Act 2015
                                                                                                                            which will be effective in 2016.
  Other remittances                               16.1                     19.8                      18.3
  Own business                                   26.6                       8.3                      15.9                   There is no specific legislation relating to employment of I-Kiribati overseas. Under the Employment and Industrial
Source: KNSO and SPC, 2012.                                                                                                 Relations Code, the Commissioner for Labour is responsible for issuing licences to recruitment agents or agencies
                                                                                                                            that provide workers to overseas employers. Regulations for the conduct of private recruitment agencies are likely
Migration opportunities and challenges                                                                                      to be drafted in 2015 or 2016.

Given that the established sectors of overseas employment have recently employed fewer workers from Kiribati,               While there is no specific legislation relating to the recruitment of seafarers, there is a well-developed set of
there is a degree of urgency to identify new migration opportunities. As acknowledged in MLHRD’s Strategic Plan             arrangements between the MLHRD (which oversees the MTC), South Pacific Marine Services (SPMS – an employment
(2013-15), the country’s labour force needs to be endowed with skills, qualifications and work ethic in order to            agency established in 1970 by the German shipping lines employing I-Kiribati labour), and the Kiribati International
facilitate migration.                                                                                                       Overseas Seamen’s Union (KIOSU) (Bedford et al 2014).

The first step is to identify the technical and academic institutions in Kiribati which offer internationally recognised    Several agencies are authorised to recruit in Kiribati for overseas fishing companies including Kiribati Fishermen
skills and qualifications for which there is demand overseas. These include the MTC, and the Kiribati Institute of          Services (KFS), Kiribati Employment Marine Services (KEMS), Central Pacific Producers Ltd (CPPL), Kiribati Fish
Technology (KIT), which are run by MLHRD; and the APTC which is run by the Australian government. Other training            Limited (KFL), the Central Pacific Maritime Agency (CPMA), Kiribati Seas, OTTA, Dojin and Pacific Kiribati Enterprise.
institutions which offer qualifications that are currently not recognised outside of Kiribati include the Kiribati School
of Nursing (KSON), the Kiribati Teachers College (KTC), and the Kiribati Police Training Centre, as well as some            Unlike the situation relating to seafarer and fisheries employment, the recruitment of I-Kiribati for the RSE and
vocational centres run by churches and schools. A plan for the merger of KSON with KIT has been endorsed by                 SWP schemes was until recently exclusively managed by the MLHRD’s Labour Officers.3 In October 2013 Cabinet
Cabinet and will be implemented in 2016. KSON curriculum options are being developed with a view to upgrading and           approved the outsourcing of recruitment for the schemes whilst also maintaining the system of recruitment
offering internationally recognised qualifications. Employment opportunities for nursing graduates will be explored in      implemented by MLHRD. The MLHRD maintains a work-ready pool of prospective seasonal workers for the RSE
Australia, New Zealand and other potential markets.                                                                         and SWP schemes, and a cross-Departmental team is involved in the selection and pre-departure training processes.
                                                                                                                            Under both schemes, seasonal workers sign individual employment agreements with their employers. Since October
Some tertiary education is available through the USP Extension centre though further studies are usually taken              2013, a license to recruit workers under the RSE and SWP schemes can be obtained from the Labour Division within
up in Fiji, Australia or New Zealand. The Fiji National University provides one-year certified courses in computing,        MLHRD.The licensee has to comply with a number of conditions set out in the agreement. However, the Ministry has
fabrication and welding, carpentry and joinery. Pre-service and in-service scholarships for tertiary study are awarded      still yet to receive applications from interested private recruiters. Some existing employers who were consulted on
by the Government and by donors including Australia, New Zealand, and Taiwan. There are also Cuban Scholarship              the outsourcing of recruitment have expressed that they preferred to work with MLHRD based on the good working
Awards for studies in Medicine.                                                                                             relationship that they have had with the Ministry.

It is important to emphasise that having internationally recognised qualifications often does not easily translate into     Institutional Framework
finding employment overseas. For instance, it is noteworthy that in the five year period up to June 2013, only 18
I-Kiribati have migrated to Australia as skilled migrants (Curtain, 2014).Training to international standards guarantees    The Ministries and agencies dealing with aspects of labour migration are detailed below in Table 2.5. The lead agency
overseas employability but not necessarily overseas employment. Other important factors determining whether a               responsible for regulating labour migration is the MLHRD. The Labour Division within MLHRD administers labour
qualified person secures employment overseas include the immigration and visa regimes in potential destination              regulations and oversees the management of the seasonal work schemes with Australia and New Zealand. The
countries, the cost of attaining skill recognition in the destination country, the existence or non-existence of contacts   Secretary of MLHRD also acts as the Commissioner for Labour. Within MLHRD the Senior Labour Officer and the
to potential employers, English language and general workplace skills.                                                      Labour Officer are Assistant Labour Commissioners under the Employment (Amendment) Act 2008. Furthermore,
                                                                                                                            MLHRD also has two divisions for training institutions, including the Kiribati Institute Technology (KIT) division and
In Australia and New Zealand, employers have increasingly been involved directly in the skilled migration selection         the Marine Training Centre (MTC).
process. In Australia, there has been a shift away from ‘supply driven’ independent skilled migration towards ‘demand-
driven’ outcomes (Curtain, 2014). The objective is to enable the skilled migration program to better target the skills      3
                                                                                                                                 An Interagency Understanding between the relevant Ministries in New Zealand and Kiribati; and a Memorandum of Understanding between the Australian and Kiribati Governments both
needed in the economy and ensure that skilled migrants are employed in industries that have the highest need.                   signed in 2015.

14        KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                                                                                                                                                   KIRIBATI NATIONAL LABOUR MIGRATION POLICY                           15
Table 2.5 Institutional Framework: Government of Kiribati’s line ministries and other
institutions with responsibilities on labour migration                                                                3. VISION AND POLICY STATEMENT
Line ministry                   Responsibilities
Ministry of Labour                 - Lead agency overseeing employment relations and labour administration            3.1 Vision
and Human Resource                    across different sectors of employment including labour mobility;
Development (MLHRD)                - Licensing private recruiters for the seafaring and fishing industries, and       The long-term vision of the National Labour Migration Policy is to provide I-Kiribati with increased
                                      the RSE and SWP schemes;                                                        opportunities to migrate with dignity by accessing decent work opportunities abroad. The permanent relocation of
                                   - Overseeing several TVET institutions: MTC, KIT;                                  some of its citizens is part of the Government’s long-term climate change adaption strategy. In the medium-term,
                                   - Providing pre-departure training.                                                the National Labour Migration Policy’s vision is to help Kiribati achieve its national sustainable development
Ministry of Foreign Affairs and    - Lead agency for establishing and maintaining foreign relations;                  goals, reduce poverty and relieve pressure on the domestic labour market through identifying strategies to secure
Immigration (MFAI)                 - Maintaining overseas missions with a view to strengthening Kiribati’s link       employment abroad, improving the linkage between training and overseas employment, and providing I-Kiribati with
                                      with Governments to pursue work opportunities overseas;                         realistic options to work abroad, within a decent work agenda which primarily addresses the generation of productive
                                   - Initiating discussions with Governments on labour migration schemes              employment opportunities for all citizens within the country.
                                      such as the RSE and SWP and PAC schemes;
                                   - Responsible for immigration policy and the issuing of visas.                     3.2 Goals and Objectives
Ministry of Commerce,              - Lead agency negotiating free trade agreements including PACER Plus and
                                                                                                                           •     To facilitate the temporary and permanent movement of I-Kiribati overseas through promoting
Industry and Cooperatives             PICTA including negotiating labour mobility under these schemes;
                                                                                                                                 opportunities for decent, safe and productive employment abroad, and to assist migrants in the transition
(MCIC)                             - Responsible for the National Private Sector Development Strategy and in
                                                                                                                                 from temporary to permanent migration;
                                      charge of the Business Promotion Centre.
                                                                                                                           •     To ensure the protection and welfare of the migrant workers;
Ministry for Women,Youth           - Lead agency for women and youth.                                                      •     To create equal opportunities for overseas employment opportunities for disadvantaged groups, including
and Sports (MWYS)                                                                                                                women, youth, people with disability and people from the outer islands;
Ministry of Environment,           - Responsible for developing Kiribati’s adaptation strategy to climate                  •     To develop strategies to link the provision of education and training in Kiribati with employment
Lands and Agriculture                 change which includes labour mobility.                                                     opportunities abroad;
Development (MELAD)                                                                                                        •     To promote quality training for workforce development within Kiribati and avoid brain drain;
Ministry of Education (ME)         - Lead agency responsible for education;                                                •     To develop an up-to-date database of labour supply in Kiribati and labour demand both in Kiribati and in
                                   - Responsible for the Kiribati Teachers College;                                              selected countries overseas;
                                   - Involved in developing a Kiribati National Qualification Framework and                •     To enhance Kiribati’s competitiveness in the global market for skills and labour, while protecting the
                                      responsible for implementing a framework to encourage the Mutual                           domestic economy by ensuring relevant skills and sufficient numbers of qualified and experienced workers
                                      Recognition of Qualifications in the Pacific region.                                       are retained at home;
                                                                                                                           •     To maximise the development benefits of migration through effective use of savings and remittances and
Ministry of Fisheries              - Lead agency responsible for fishing licenses and involved in negotiations
                                                                                                                                 thereby to contribute to achieving the goals under the KDP’s KPA 2 - Economic Growth and Poverty
and Marine Resources                  within the Parties to the Nauru Agreement group, including on local
                                                                                                                                 Reduction;
Development (MFMRD)                   crewing requirements for vessels.
                                                                                                                           •     To enhance the resilience of I-Kiribati communities and people against climate change and ensure that
Ministry of Internal Affairs       - Responsible for dealing with outer island councils;                                         Kiribati as a nation, culture and people will not perish as a result of climate change;
(MIA)                              - Facilitating recruitment from outer islands for the SWP and RSE.                      •     To involve all concerned stakeholders, including government ministries and agencies, social partners,
Office of the Beretitenti (OB)     - National focal point for climate change adaptation in Kiribati as artic-                    private sector and international partners, in good governance of labour migration and the protection of
                                      ulated in the National Framework for Climate Change and Climate                            migrant workers; and
                                      Change Adaptation                                                                    •     To adopt a whole-of-government approach to the management of labour migration, encouraging inter-
Ministry of Communications,        - Responsible for transport policy and regulation in the maritime sector,                     agency cooperation, information sharing and institutional capacity building.
Transport and Tourism                 including shipping registration and licensing.
Development (MCTTD)                                                                                                   3.3 Policy Statement
Ministry of Health and             - Responsible for medical check-ups and providing medical clearance for
                                                                                                                      The National Labour Migration Policy has been formulated with reference to the Kiribati Development Plan
Medical Services (MHMS)               labour migrants before departure.
                                                                                                                      (KDP) 2012-2015, the National Framework for Climate Change and Climate Change Adaptation, the Kiribati Joint
Public Service Office (PSO)        - Responsible for administration of scholarships and in-service training.          Implementation Plan on Climate Change and Disaster Risk Management, the 2004 Kiribati Population Policy, the
Kiribati Trade Union Congress         -   The Kiribati Trade Union Congress (KTUC) is the national trade union        National Youth Policy 2011-2015, the Education Sector Strategic Plan, the MLHRD’s Strategic Plan, the National
(KTUC)                                    centre of Kiribati. All 7 registered unions (Kiribati Nurses Association,   Approach to Eliminating Sexual and Gender Based Violence in Kiribati, the Gender Equality Policy (currently being
                                          Kiribati Union of Teachers, Kiribati Island Overseas Seamen’s Union, Ho-    developed), the Comprehensive Trade Policy Framework (currently being developed), and the Kiribati Foreign Policy
                                          tel Workers Union, ANZ Union, Telecom Union, Public Utilities Board         (currently being developed). The NLMP also takes into account the effectiveness of existing programmes and
                                          Employees Union) in Kiribati are affiliated with the KTUC.                  strategies such as the Private Sector Development Strategy, the TVET Strategy for Kiribati 2013-18, and the TVET
                                                                                                                      Sector Strengthening Programme. The normative foundation of the NLMP draws upon principles and good practices
Kiribati Chamber of Com-              -   The KCCI is the major employers’ organisation in Kiribati.                  contained in relevant international instruments, particularly the three international migrant worker Conventions:
merce and Industry (KCCI)                                                                                             The 1990 International (UN) Convention on Protection of the Rights of All Migrant Workers and Members of Their
Private recruitment agencies          -   Recruitment agencies for seafarers, fishermen, and seasonal workers.        Families; the Migration for Employment Convention (Revised), 1949 (ILO Convention No. 97); and The Migrant
                                                                                                                      Workers (Supplementary Provisions) Convention, 1975 (ILO Convention No. 143).

16     KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                                                                                                          KIRIBATI NATIONAL LABOUR MIGRATION POLICY   17
The Government of Kiribati, under the leadership of MLHRD, is committed to securing decent and productive
employment opportunities for I-Kiribati overseas. The country has a long history of migration for employment, and          4. POLICY AREAS AND ACTION PLAN
this experience has been drawn on to inform recommendations contained in the NLMP. The NLMP has been
framed with reference to a context that includes:
                                                                                                                           The NLMP covers permanent, temporary and seasonal migration of migrants of all skill levels and to anywhere in
The domestic demographic and labour market situation:                                                                      the world. The policy has the following four major objectives:
     •    Kiribati’s population is growing rapidly and the Government’s population policy aims at a stable population
          of about 120,000 persons by 2025;                                                                                       •        Protecting the rights of migrant workers and providing support services;
     •    Unemployment rates are high, particularly among women and youth;                                                        •        Promoting opportunities for decent foreign employment;
     •    The importance of education and skills training for I-Kiribati has been recognised in the Government’s                  •        Increasing the development benefits of labour migration; and
          policies on education, TVET, climate change, and youth. Apart from enhancing Kiribati’s competitiveness in              •        Improving the administration of labour migration.
          the global market, developing skills of the labour force will improve productivity and domestic employment
          outcomes;                                                                                                        Each of these objectives is discussed in detail and presented with the associated Action Plan.The Action Plans include
     •    Existing skill shortages within Kiribati must not be exacerbated by pursuing overseas employment;                short-term actions for 2016 and medium-term actions to 2017-2019, in line with the MLHRD’s next Strategic Plan
                                                                                                                           which in turn is aligned with the four-year cycle of the KDP.
Climate change threats:
     •     The threat of climate change is likely to further minimise domestic job opportunities and livelihoods;
     •     The National Framework for Climate Change and Climate Change Adaptation (Office of The Beretitenti,             4.1 Protecting the rights of migrant workers and providing support services
           2013) refers to the facilitation of overseas employment and permanent migration in order to ensure that
           the population of Kiribati remain at a level that facilitates the country’s climate change adaptation effort.   The Government of Kiribati acknowledges the importance of a robust regulatory framework to protect the rights of
                                                                                                                           I-Kiribati workers employed abroad, and to ensure their access to decent and productive employment opportunities.
The Government recognises the importance of adopting a pragmatic approach when formulating the NLMP and                    The Government makes a distinction between temporary and seasonal labour migrants for whom the Government
setting realistic objectives of the Policy which take into account the limited number of staff within the Government       of Kiribati is able to provide a range of support services, and long-term or permanent migrants who have become
of Kiribati available to implement the Policy; the comparatively low levels of education and qualifications among          permanent residents or citizens of other countries Most permanent migrants make their own arrangements to move
potential labour migrants; the limited number and high cost of international flights; and the reliance on cooperation      (such as under the PAC scheme or as skilled migrants to Australia or New Zealand) without any involvement of the
from destination countries and technical support from development partners. The Government is committed to                 Government of Kiribati. In their case, high levels of education and skills are known to contribute to their general
allocating adequate financial and other resources for a successful implementation of the NLMP.                             awareness of their rights as migrants and workers, lowering their chances of being exploited.

The Government acknowledges the timeliness of the NLMP and its significance for the planning of the international          For temporary and seasonal workers, the Government of Kiribati undertakes to protect their rights by:
post-2015 development agenda. The NLMP’s alignment with other national policies, strategies and programmes
ensures that the Government has a cohesive policy framework in which supply-side factors, such as the employability               •        Identifying and strengthening areas related to the protection of migrant workers in existing legislation;
of labour market entrants and their access to skills training, are linked with demand-side factors in both the domestic           •        Ensuring that recruitment processes are fair and safe;
and foreign labour markets.                                                                                                       •        Providing pre-departure preparation; and
                                                                                                                                  •        Ensuring decent work standards for migrant workers are adhered to including in the areas of minimum
The Policy promotes continued social dialogue between government stakeholders, social partners, NGOs, training                             wage, OHS and social security.
institutions, and churches within Kiribati, as well as bilateral, regional and international cooperation through labour
agreements, regular dialogue, and regional and international consultative fora, with the aim of strengthening Kiribati’s   Identifying and strengthening areas related to the protection of migrant workers in existing legislation
existing labour migration arrangements and developing new opportunities. Such cooperation will be founded within
a rights-based framework that places protection of the rights of migrant workers at the forefront of negotiations.         As discussed in Section 2.3, the Government, through the MLHRD, issues licenses to labour recruiters and the
                                                                                                                           terms under which private recruiters operate will be specified in upcoming Regulations. While under the current
The NLMP will be based on local ownership to ensure the commitment of relevant stakeholders and the Policy’s               legal framework of Kiribati, there is no specific responsibility the Government faces for the protection of the rights
longer-term sustainability. International actors may support and facilitate the development of the NLMP, but the           of migrant workers except for regulating recruiters, the Government undertakes to identify and strengthen areas
policy reflects the vision and goals, priorities, and implementation capacity of the Government of Kiribati and the        related to the protection of migrant workers in existing legislation.
social partners. It is expected that involving Kiribati’s social partners in the formulation and implementation of the
NLMP will lead to improved policy coherence within the Government and broaden the sense of ownership of the                The Government commits to working with social and non-government partners (including unions) to establish a
Policy with Kiribati.                                                                                                      legislative and regulatory framework for protection of overseas workers, particularly those in vulnerable occupations
                                                                                                                           such as fisheries, care work and construction.
The NLMP is directed by a long-term and medium-term vision and implemented through a variety of short and
medium term activities. This provides the Government of Kiribati with the opportunity to review the vision from
time to time, adjust the activities and ensure that the NLMP remains dynamic.                                              Safe recruitment of workers

                                                                                                                           As noted in Section 2.3 above, recruitment is currently managed differently in different migration sectors – with
                                                                                                                           seasonal work recruitment managed by MLHRD,4 seafarer work managed by SPMS, recruitment for the fishing
                                                                                                                           industry done by several agencies licenced to recruit in Kiribati for overseas fishing companies, and recruitment in
                                                                                                                           other sectors less regulated.

                                                                                                                           The Government supports the development of private recruitment regulations a system of compliance with the
                                                                                                                           legislation. This will be done in parallel with legal provisions under the Labour Code to be enacted in 2015 or 2016.

                                                                                                                           4   Though, as earlier noted, private recruitment agencies are able to apply for permission to MLHRD to recruit under these schemes.

18       KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                                                                                                                                                       KIRIBATI NATIONAL LABOUR MIGRATION POLICY   19
Pre-departure information                                                                                                 Table 4.1 Action Plan for Protecting the rights of migrant workers and providing support
                                                                                                                          services
The Government acknowledges the importance of providing relevant pre-departure training for migrant workers
in order to prepare them on how to adapt to living and working in another country, increase their understanding                                       PROTECTION OF MIGRANT WORKERS
of their rights at work (such as in regards to wages and social security), and provide advice on health-related issues.                 S = short-term (2016). M = medium-term (2017-19 onwards).
While ensuring the welfare of the migrant workers is the main purpose of the pre-departure training, workers will
                                                                                                                          Strategic      Policy                Action Plan                               S M Lead
also be trained in communications skills, English language skills and general workplace skills including work ethics,
                                                                                                                          Area                                                                               Agency(s)
time management and punctuality. The current system of pre-departure training will be reviewed and revised with a
view to delivering the desirable outcomes. KIT will be tasked with coordinating and delivering pre-departure which        Legislative/   Review current        • Develop draft regulations relating to       MLHRD and
includes basic English Training, employability skills and most pre-departure training modules. Other agencies including   regulatory     legislation relating    areas identified in the Employment          Attorney Gen-
MHMS will involve fitness test while MTC will be involved in delivering some modules including discipline training.       framework      to labour laws and      and Industrial Relations Code which         eral
MFAI will contribute to pre-departure training in particular in regards to travel advice.                                                ensure appropriate      are relevant to labour mobility,
                                                                                                                                         mechanisms in place     including regulation of recruitment.
                                                                                                                                         to protect migrant
Ensuring decent work standards for migrant workers including in the areas of minimum wage, OHS and social security                       workers.
                                                                                                                                         Review regulatory     • Review legislation and institutional        MLHRD
Another important consideration for the Government of Kiribati is to make sure temporary and seasonal workers                            frameworks for          frameworks on the protection of
receive decent wages and other basic services, and that they are safe in their working environments. The rights                          fisheries sector,       fishers and adopt reforms where
of workers temporarily based overseas are covered by national employment laws in the destination countries. In                           in particular to        necessary.
the case of seasonal workers in New Zealand and Australia, workers sign standardised employment contracts that                           protect the rights    • Assess the possibility to use formal        MLHRD
address a range of conditions relating to the work environment, worker rights, wage rates and discipline provisions.                     and welfare of          bilateral agreements and other
The Kiribati Consulate-General in Sydney and Consulates in Wellington and Auckland may provide assistance with                           fishermen employed      institutional mechanisms to govern
the resolution of disputes. It is a priority to ensure that protection of I-Kiribati workers in other countries and                      on foreign-owned        overseas employment of fishermen.
sectors. If new employment opportunities emerge in the future, either in new sectors or in different countries, the                      fishing vessels (such
Government is committed to signing MOUs or Agreements with the host Governments, along the lines of those                                as purse seiners and
signed with Australia and New Zealand regulating agricultural seasonal work. Kiribati’s diplomatic representations will                  long-liners).
provide consular assistance for migrant workers.                                                                          Pre-depar-     Improve provision     • Review existing pre-departure training      MLHRD, KIT,
                                                                                                                          ture training of pre-departure         scheme and make recommendations             MFAI
All temporary and seasonal migrant workers recruited under existing schemes through licensed recruiters, are                             training for all        for improvement
covered by health insurance which is part of the terms and conditions imposed by MLHRD when granting a license to                        temporary and         • Implement new compulsory pre-               MLHRD, KIT,
recruiters under the Employment Ordinance.The Government will ensure that health insurance will also be included                         seasonal workers.       departure training system for all           MHMS, MTC,
in future schemes.
                                                                                                                                                                 migrant workers that prepares them          MFAI
                                                                                                                                                                 to work and live overseas, raises
Under the NLMP, the MLHRD with the legal assistance of the Attorney General’s Office, is responsible for the vetting                                             awareness of their rights and of
of employment contracts of migrant workers where recruitment is regulated through formal inter-Government                                                        health issues, enhances their general
agreements. In cases where parties to the contract are private citizens, MLHRD with the legal assistance of the                                                  workplace skills (including English
Attorney General’s Office commits to offering the service to sight the employment contracts of prospective migrants                                              language skills) and helps create
and provide legal advice and assistance.                                                                                                                         an identity and image for I-Kiribati
                                                                                                                                                                 workers (commonly referred to as
                                                                                                                                                                 “branding”).
                                                                                                                          Legal          Provide legal         • Introduce the service of providing          MLHRD and
                                                                                                                          assistance     assistance to           legal assistance to migrants moving on      Attorney Gen-
                                                                                                                                         prospective migrant     their own accord by providing legal         eral
                                                                                                                                         workers                 advice on their employment contracts
                                                                                                                          On-site        Strengthen consular • Review current management of                  MLHRD
                                                                                                                          services in    and liaison services    pastoral care issues raised by seasonal
                                                                                                                          Australia and to support seasonal      workers and resolving employment
                                                                                                                          New Zealand workers and                disputes.
                                                                                                                          (and other     provide assistance    • Assess feasibility of appointing            MLHRD, PSO
                                                                                                                          countries)     with resolving          additional Liaison Officer in New
                                                                                                                                         employment              Zealand and Australia (and other
                                                                                                                                         disputes as well as     countries, should numbers of workers
                                                                                                                                         finding additional      in those countries increase).
                                                                                                                                         employment
                                                                                                                                         opportunities.

20       KIRIBATI NATIONAL LABOUR MIGRATION POLICY                                                                                                                                 KIRIBATI NATIONAL LABOUR MIGRATION POLICY   21
You can also read