Labour and environment

In conjunction with the ASEAN FTA negotiations, New Zealand has also concluded bilateral Memoranda of Agreement (MOAs) with the Philippines covering labour and environmental cooperation. They are not explicitly linked with the ASEAN FTA, but they have been concluded in the context of it.

The MOAs will enhance communication and cooperation on these issues and assist in meeting the shared objectives of raising working standards and improving environmental protection in New Zealand and the Philippines.

The MOAs supplement similar instruments negotiated previously with other ASEAN partners (Thailand, Brunei and Singapore) and the ongoing negotiation with Malaysia for such instruments in the context of the bilateral Malaysia - New Zealand FTA.

Labour Cooperation

The MOA on labour cooperation with the Philippines sets out a set of shared commitments which include recognition that it is inappropriate to set or use labour laws, regulations, policies and practices for trade protectionist purposes, and that it is inappropriate to encourage trade or investment by weakening or reducing the protections afforded in domestic labour laws, regulations, policies and practices.

Issues that may arise that touch on these or any other commitments in the MOA can be consulted on with a view to their resolution. A timeframe of 90 days is established for a meeting to "assist in the resolution of any such matters". The MOA also provides for the involvement of Ministers in resolving any issues that may arise.

The MOA represents an opportunity for New Zealand to improve dialogue and conduct cooperative activities with the Philippines in, among others, the following areas:

• Labour laws and practices, including the promotion of labour rights and obligations and decent work.
• Information, compliance and enforcement systems.
• Sound labour relations, including labour management consultation, cooperation and labour dispute settlement.
• Occupational safety and health.
• Human capital development, training, and employability.
• Human resource development initiatives including sharing of labour market trends, skills development, building mutual capacity, and the promotion and protection of employment rights and obligations of migrant workers.

In addition to this indicative list of the types of activities that might be undertaken, an Annex to the MOA provides some examples of potential projects for possible cooperation.

Public participation

Each Party may, as appropriate, invite the participation of its unions and employers and/or other persons and organisations in identifying potential areas for cooperation and in undertaking cooperative activities.

The New Zealand contact point for the labour cooperation MOA is the Department of Labour. Contact details are available at the end of this Guide.

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Environmental Cooperation

The MOA on environmental cooperation with the Philippines establishes a set of shared commitments which include recognition that it is inappropriate to set or use environmental laws, regulations, policies and practices for trade protectionist purposes and that it is inappropriate to encourage trade or investment by weakening or reducing the protections afforded in domestic environmental laws, regulations, policies and practices.

As with the MOA on labour cooperation, there is provision for either Party to consult with the other on any issues that may arise in relation to the operation of the Memorandum with a view to their resolution. A timeframe of 90 days is established for a meeting to "assist in the resolution of any such matters". The MOA also allows for the possibility of Ministers being involved in resolving any issues.

Taking account of their national priorities and available resources, New Zealand and the Philippines have undertaken to cooperate on mutually agreed environmental issues including concerns such as:

• Sustainable management of the environment.
• Air quality management.
• Water quality management.
• Toxic chemicals and hazardous and solid wastes management.
• Restoration of degraded watershed, river basins and wetlands.
• Conduct of research dealing with major river basins.
• Concerns affecting or dealing with climate change.

This is not an exhaustive list and items may be added or removed from the cooperative programme as required.

Public participation

The non-government sector and other organisations may also be invited to participate in identifying potential areas for cooperation and in conducting cooperative activities.

The New Zealand contact point for the environmental cooperation MOA is the Ministry for the Environment. Contact details are available at the end of this Guide.

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