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PICTA TMNP Scheme

PICTA TMNP Scheme. Pacific Island Countries Trade Agreement (PICTA) Temporary Movement of Natural Persons (TMNP) Youth Employment, Self Employment, and Sustainable Development in the Pacific and Timor Leste : How can Demand-Driven Training Respond? 27 – 29 September 2011 Nadi , Fiji

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PICTA TMNP Scheme

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  1. PICTA TMNP Scheme Pacific Island Countries Trade Agreement (PICTA) Temporary Movement of Natural Persons (TMNP) Youth Employment, Self Employment, and Sustainable Development in the Pacific and Timor Leste: How can Demand-Driven Training Respond? 27 – 29 September 2011 Nadi, Fiji Contact: Shiu Raj (shiur@forumsec.org.fj) Trade Policy Adviser

  2. Regional Youth Initiative Leaders underlined the important role of government, the private sector and technical and vocational training institutions in urgently addressing youth unemployment. Leaders also recognised the need for the development of a regional framework for youth employment, the contribution that labour mobility offers, and emphasised the importance of having annual labour and employment statistics ….. Extract from 2011 Forum Leaders’ Communique.

  3. Purpose of the PICTA TMNP scheme • To address critical domestic labour shortages. • To promote the temporary movement of skilled people between Forum Island Countries (FICs) and encourage economic growth. • To promote the development of some FICs as labour exporting countries. • Focus is on skilled and semi-skilled workers.

  4. Consultations so far … • 1999 –Decision to consider trade in services/TMNP among FICs • 2001 – Endorsement of Study suggesting TMNP • 2004 – Modalities developed for consultation • 2004 - 2007 – Consultations on modalities (all 14 FICs) • March/May 2007 – Regional Workshop endorsed TMNP in PICTA • December 2007 – draft negotiating framework prepared • March 2008 – Negotiations launched • October 2008 – Detailed PICTA TMNP Study sought • March/July/Dec 2009 – PICTA TMNP Conceptual Framework Developed for consultation • February 2011 – Ministerial decision to develop negotiating text • March 2011 – First consideration of full TMNP text

  5. …Scheme is being negotiated. • Conceptual Framework circulated to FICs in 2009 • All 14 Forum Island Countries involved in the discussion (June-November 2009) • Text developed for the 5th Round of Negotiations (March 2011), negotiated further in August 2011 • Focus on TemporaryLabour Mobility, • TMNP separate from the TIS framework (Mode 4) • Skilled and semi-skilled categories of occupation – to meet labour shortages in individual FICs • A better arrangement than the current practice?

  6. Temporary Movement of Natural Persons (TMNP) • States will permit natural persons from another Party (FIC) to enter their labour market. • A ‘natural’ person: (i) is a national of that other Party; or (ii)has the right of permanent residence in that other Party in the case of a party which does not have nationals. • PICTA TMNP is only temporary - other schemes are designed for longer term employment. • The PICTA TMNP does not replace other forms of work entry.

  7. Eligibility • Satisfy the requirements of a ‘natural person’ under the PICTA TMNP Scheme. • Be of good character. • Be of good health. • Satisfy qualifications and experience requirements.

  8. Tier 1 • Recognised Professionals (ie: doctors, lawyers, teachers, nurses etc.) • They must possess: - Degree from a recognised university - 3 years work experience - Licence to practice or other accreditation • No numerical limit. • Can enter a host country without an offer of employment.

  9. Tier 2 • Semi-Skilled or Trades Workers (Mechanics, carpenters etc.) Must have either: (a) A diploma from a recognised educational institution and at least 3 years relevant work experience, or (b) A certificate from a recognised institution and at least 5 years relevant work experience, or (c) A certification of competency from the Secretariat of the Pacific Community’s (SPC), Secretariat of Pacific Board of Educational Assessment (SPBEA) Register of Qualifications and Standards/National Qualifications Authority. • Must have an offer of employment.

  10. QualificationsLicensing & Accreditation • SPC’s SPBEA – Mutual recognition of qualifications across FICs. • Pacific Register of Qualifications and Standards. • National Register of Qualifications. • Host country may require the worker to join the national professional or trade organisation. • Recognition of licences from other FICs.

  11. Numerical Target • No limit for Tier 1 professionals. • Limit for Tier 2 Semi-skilled and Trades workers. • The numerical target refers to the amount of workers under the scheme in each country. Each country will need to determine whether that refers to a fixed annual amount or the number of workers under the scheme in the country at any given time. • The target is a minimum and countries are free to take more workers if they want. • There is no requirement for a country to meet the minimum level.

  12. Length of Stay • The length of the contract can be any period up to a maximum 0f 3 years. • 30 day gap before a person can return. • Immigration compliance against overstayers.

  13. Administration of the Scheme • Transparency of processes (allocation of positions etc.) • 30 day turn around of application • Fees limited to cost of processing the application

  14. Bonds or Indemnities • Employers provide bonds or indemnities to cover the return airfare of the worker. • This is to guarantee that the worker will return to their home country at the completion of the contract.

  15. Spouse & Dependents • A spouse is able to work as long as they satisfy the requirements of the Protocol. • A spouse refers to a person who is recognised as lawfully married (in host and home countries) to a natural person applying for entry under the PICTA TMNP Scheme. • A dependent means: • A child aged 18 years or under. • A child (between the ages of 19 and 21) who is in full-time education (up to and including first degree). • A natural person of any age who is suffering from a disability or is a genuine dependent.

  16. Certification & Visas • Need to designate the relevant agency to issue the certificate. • The certificate will be evidenced by a stamp in the passport .

  17. Home Country Responsibility • Ensure workers understand their rights and restrictions. • Maintain an effective and secure system for verifying applicants. Host Country Responsibility • Ensure effective regulation of the work environment. • Ensure satisfactory work conditions relative to local workers.

  18. National Working Committee • To supervise the PICTA TMNP scheme. • All Forum Island Country NWCs meet once per year with the Pacific Islands Forum Secretariat.

  19. PICTA TMNP Scheme – Next Actions • Identification of labour market shortages and provision of national occupation list – by each FIC. • National agencies prepared for next round of discussions and negotiation – need extensive consultations:: Are you part of it? • How can our Youth be part of this initiative? What can be done about the opportunities now? What is required for the ‘paradigm shift’ that promotes training labour for mobility?

  20. Questions?

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