Page 16 - IB May 2021

Labour Mobility

LUVE NI YALI: LOST SON OF A

SEASONAL WORKER

By Satish Chand migrant labour scheme that has failed him.
The Seasonal Worker Program (SWP) was launched in July
Luve ni yali, a newborn, was issued a fresh certificate of 2012 with noble intentions. It was to meet the demand for
identity by a Pacific diplomatic mission in Canberra so that low and semi-skilled workers in rural and regional Australia
he could be repatriated home with his mother, a temporary while providing employment and income to many within
migrant worker who fell pregnant while in Australia. Mary, the neighbouring islands. The visa is for a maximum of nine
the mother, is now a battered divorcee. The biological father months to allow workers to circulate through Australia,
is not even aware of the repatriation, and in any case does returning to their families with savings to invest in homes,
not care as ‘Luve ni yali’ is now ‘out of his sight and therefore healthcare, and education of their kin. Prospective employers
out of his mind’. Mary has two other children from her only are required to demonstrate the need for overseas workers
husband, and they are both living at home. Mary is dark but and the capacity to host them. Participants in the SWP must
‘Luve ni yali’ has blond hair and light skin. pass health and character checks and pay for travel to, and
Mary was recruited as a seasonal worker and issued a six- health insurance while in, Australia.
month-visa to work on an apple orchard in Tasmania. This The concept of a seasonal worker program to allow Pa-
‘International Relations’ visa (Subclass 403) is issued by the cific islanders to work in Australia and New Zealand was first
Australian government to strengthen people-to-people links mooted in 2005 at the Pacific Islands Forum. New Zealand
with Pacific islanders. The COVID-19 outbreak with lock- took the lead by launching the Recognised Seasonal Employer
downs on international travel extended Mary’s stay to three scheme in April 2007 with Australia following soon after. Both
years. Excellent news for Mary as she would now be able to schemes have ameliorated some of the shortfall of workers in
earn more, and good for her employer given the surety of an select sectors during peak demand while providing jobs and
employee during the pandemic. For Mary, the seasonal work income to the recruits from the islands.
visa was an opportunity of a lifetime to travel abroad, earn The void in local labour markets is the result of locals shun-
income, and learn new skills. ning the difficult, dirty, and sometimes dangerous nature of
Mary was accommodated in a group house on the farm, agricultural work. Further, the seasonal nature of the work in
given multiple shifts – including overtime work - and paid on rural and remote regions are not rewarding enough given the
time. No one knows if she was raped, coerced, or induced – prevailing rates of remuneration. But Australia, as a major
but the outcome is clearly consequential. Mary could not con- producer of food, needs workers that to date have been
tinue working following the birth of the child. The visa does imported in the form of backpackers, students, and citizens
not allow workers to bring in family, and women go through from New Zealand and the Pacific islands plus Timor Leste.
medical examination prior to departure to ensure that they The SWP was designed with good intentions, but it desper-
are not already pregnant. Pita, her husband, knew of these ately needs improved implementation. For a start, couples
conditions. Luve ni yali, which translates from Indigenous must be encouraged to come for work under SWP to reduce
Fijian to ‘child of the missing’ dad, will remain unhinged from the risks of having more ‘luve ni yalis’. The restrictions on
his home. work solely for their sponsor must be lifted if the workers are
The COVID-19 pandemic has reduced flights to the Pacific to maximise their income. Most importantly, close oversight
islands. All arrivals are quarantined away from family for 14 of the SWP by the responsible governments is required if
days. Mary was helped by her diplomatic mission in Canberra exploitation is to be avoided. A comprehensive review of SWP
to return home, and by her government complete quarantine. is both urgent and overdue.
But Pita was furious on being informed of Mary’s early arrival. SWP has noble intentions, but Luve ni yali is not one of
He threw her out of their house and family. Destitution beck- them. This is not an isolated incident either. ‘Luve ni yalis’
oned but for the Women’s Crisis Centre. may be able to claim their rights. Fathers can now be traced
Luve ni yali will grow up a lost child in his new home. He through their genes, so the missing dad will be discovered.
will face ridicule, given the pejorative connotations of him What obligations does the biological father have towards his
being without a dad. child (i.e. luvena) – even if they reside apart/abroad? Can a
He will not have access to land held under customary title. ‘Luve ni yali’ claim Australian citizenship? Does his mother
While the mother of every child is easily identified, a child’s qualify for maintenance while raising the child abroad?
father provides the cultural connectivity within patrilineal
societies. Luve ni yali is an innocent victim of a temporary editor@islandsbusiness.com

16 Islands Business, May 2021