Bid for recognition of first official climate change refugee

Inhabitants of Kiritimati coral atoll building a stone seawall in their struggle against rising seas

Inhabitants of Kiritimati coral atoll building a stone seawall in their struggle against rising seas

Ioane Teitiota is currently appealing a High Court decision that refused him refugee status on the basis of climate change predictions. Teitiota came to New Zealand from the Pacific island of Kiribati in 2007 on a work visa that has recently expired. He has three children in New Zealand and argues that returning to Kiribati would endanger his family;

“There’s no future for us when we go back to Kiribati,” he told the appeal tribunal, adding that a return would pose a risk to his children’s health. “Fresh water is a basic human right … the Kiribati government is unable, and perhaps unwilling, to guarantee these things because it’s completely beyond their control”.

His lawyer Michael Kitt told the New Zealand Herald that the case had the potential to set an international precedent, not only for Kiribati’s 100,000 residents but for all populations threatened by climate change. According to the London-based Environmental Justice Foundation, around 26 million people worldwide have had to migrate due to the effects of climate change. It predicts that this figure could go up to 150 million by 2050.

Teitota’s application for refugee status was originally denied by immigration authorities arguing that he could not be considered a refugee because no one in his homeland was threatening his life if he returned. Kitt countered by arguing that the environment in Kiribati was effectively a threat to Teitiota and his children who will have to return with him if he is deported.

Rising ocean levels on Kiribati are contaminating drinking water and killing crops, as well as flooding homes.

The threat is real- the government has even gone so far as buying a large area of land in Fiji to relocate the entire population. “We would hope not to put everyone on one piece of land, but if it became absolutely necessary, yes, we could do it,” President Anote Tong told the Associated Press last year when his cabinet endorsed the plan.

Kitt told Australian media that the Pacific regions developed countries had a responsibility to help people displaced by climate change. “Australia and New Zealand are contributors to climate change because we have higher than average carbon dioxide emissions, it’s because of this problem that sea levels are rising.”

The right of migrant workers to free movement is essential not only for climate justice, but for social justice in the Pacific and worldwide.

A decision on Teitiota’s case is expected after we go to press. A follow up to this article will appear in our November issue.

See also:

NZ and Pacific nations still poles apart on labour mobility

Byron Clark

Regional Seasonal Employer scheme used by New Zealand vineyards

A worker on the Regional Seasonal Employer scheme used by New Zealand vineyards

On September 26th acting NZ High Commissioner Sarah Wong joined Barret Salato, Director of the Solomon Islands Labour Mobility Unit in Honiara to make an announcement about Solomon Islanders working in New Zealand. “In 2014 [The] Solomon Islands will be allocated 594 RSE places” read their joint statement.

RSE stands for Recognised Seasonal Employer Scheme; the scheme allows workers from a number of Pacific countries to take seasonal jobs in New Zealand. These jobs are in the horticulture and viticulture industries, where the rural location and short term nature of the work makes them unappealing to New Zealand born workers, meaning there are frequently shortages of labour despite unemployment in urban areas.

“This is an outstanding result for Solomon Islands and represents an increase of more than 20% on the number of places allocated in 2013,” said Salato “The RSE scheme is employer driven, meaning the increase in available spaces has been a result of the performance of Solomon Islanders who worked in New Zealand last season. Their exceptional performance has been rewarded with Solomon Islands receiving an extra 120 places.” [Read more…]

Solidarity needed: Stop increases to migrant seasonal workers health insurance

Regional Seasonal Employer scheme used by New Zealand vineyards

An RSE worker

The death this year of a Tongan worker employed under the Recognised Seasonal Employer (RSE) scheme has sparked discussions between Tonga’s Ministry of Internal Affairs and the insurance company he paid for his health cover. The issue is whether the worker died because of a pre-existing condition or from a new condition or accident.

The RSE scheme allows employers in the horticulture and viticulture industries to bring in migrant workers, mostly from the South Pacific, during the busy season to fill labour shortages. Although these workers pay tax in New Zealand they are not eligible for public health care and require private health insurance.

The ministry’s deputy chief executive, Meleoni Uera, told Radio New Zealand International that the policy needs to be revised even if it results in RSE workers – on top of taxes – having to pay higher insurance premiums and also pay for additional mandatory medical checks.

“It is an area that we will look at… (with) thorough discussion with different parties because cost will be involved in the whole process, and for a lot of this it will be the seasonal workers currently, they bear the cost of any additional checks.”

The cause of death is unknown. The man was the second Tongan RSE worker to die while working in New Zealand in the last six years. The other died of a heart attack. A Ni-Vanuatu worker also died in New Zealand in that time.

The New Zealand-based Tonga Advisory Council is reminding potential applicants for the RSE scheme to make full disclosures, particularly about health.

Being required to pay taxes, but not receive public health care is disadvantaging to RSE workers. The attitude of internal affairs is to increase that disadvantage by increasing the already burdensome costs of health insurance. These are the types of disadvantages that migrant workers frequently face.

The government will seek to show that RSE workers with medical conditions are ‘cheating’ the system. The issue then is why people would travel to a foreign country when they have serious health issues. The answer is simple; people are becoming desperate in the search for comparably better incomes than are available in their own countries. It is the same with the 53,700 people, in 2012 alone, who left New Zealand looking for a better life in Australia.

Just as some Australian unions show common cause with New Zealand workers in Australia, workers in New Zealand must align themselves with the RSE workers here. New Zealand residents do not gain anything from the exploitation or ill-treatment of RSE workers. And they certainly won’t profit from the New Zealand government forcing tax-paying RSE workers to pay higher premiums to insurance companies.

Iwi may be compensated for end of seaborne sweatshops

Byron Clarkfish

A government agency has warned that the state may have to pay iwi upwards of $300 million in compensation for losing their access to foreign charter vessels (FCVs). The foreign ships became notorious for paying crews of mostly Indonesian workers less than New Zealand’s minimum wage, despite fishing in the country’s exclusive economic zone.

Last year 32 fishermen aboard the Korean owned Oyang 75 jumped ship in Lyttelton alleging unpaid wages as well as physical and sexual abuse by their superiors on the ship. Another vessel owned by the same outfit had previously sunk causing the deaths of six crew members. In May the government began to prepare legislation for a ban on FCVs after media (largely Sunday Star Times journalist Michael Field) and the University of Auckland Business School began publishing findings on mistreatment of workers. The ban will be implemented over the next four years.

The Ministry of Primary Industries (MPI) has noted that as the FCVs were being used to fish the mainly Treaty of Waitangi fisheries quota allocated to iwi, the ban would disproportionately impact on Maori and iwi quota holders. Under treaty legislation, iwi are entitled to compensation for changes in government policy. MPI said that a “worst case scenario could result in a loss in export revenues of around $300 million annually.”  [Read more…]

Australia: Hundreds rally for refugees outside detention centre gates

Demonstration in MelbourneBy Chris Peterson, Melbourne
First published in Green Left Weekly

About 200 people rallied at Melbourne’s Maribyrnong Detention Centre on September 22, against deporting refugees to danger and mandatory detention. Dayan Anthony, a Tamil refugee, was deported to Sri Lanka in July against his will from Maribyrnong.

Antony’s Lawyer Sanmati Verma said: “Each and every professional and all community members in contact with Dayan Anthony attested that he was a torture survivor. And yet he was put on a plane and yet he was sent back to Sri Lanka.

“He was interrogated there for 16 hours by the notorious Criminal Investigation Department in the presence of Australian personnel. This deportation is the talk of law over the spirit of justice. “Regimes that commit war crimes are not magically transformed thee years later. We live in an age where the language of care has been hijacked from us. We are either on the side of Nauru or the side of people dying in the sea. This false discourse created by the expert panel [on asylum seekers] needs to be changed abolished.” [Read more…]