Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Abolition of Forced Labour Convention, 1957 (No. 105) - Fiji (Ratification: 1974)

Other comments on C105

Observation

Direct Request

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Article 1(d) of the Convention. Penal sanctions involving compulsory labour for having participated in strikes. The Committee previously noted that, under sections 250 and 256(a) of the Employment Relations Promulgation No. 36 of 2007 (ERP), organizing and participating in unlawful strikes is punishable with sanctions of imprisonment for a term of up to two years (which involves compulsory prison labour). The Committee also noted that pursuant to section 27 of the Essential National Industries (Employment) Decree of 29 July 2011, strikes in essential services are punishable with penalties of imprisonment of up to five years. The Committee therefore requested the Government to repeal the abovementioned provisions, recalling that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike.

The Committee notes the absence of information in the Government’s report. However, the Committee notes with interest that section 250 of the ERP was amended by the Employment Relations (Amendment) Act 2015, imposing only fines for organizing and participating in unlawful strikes. The Committee also notes that the Essential National Industries (Employment) Decree 2011 has been repealed by the Employment Relations (Amendment) Act 2015. Newly enacted section 191BQ(1)(a) and (2) stipulates that breaches of service in essential services and industry, which deprive the public of an essential service or substantially diminish the enjoyment of that service by the public, constitute an offence. The offence is punishable with sanctions of imprisonment for a term of up to two years (which involves compulsory prison labour) pursuant to section 256(a) of the ERP, which applies to offences without a particular penalty provided. Referring to paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee reminds the Government that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes, both in legislation and in practice. The Committee therefore requests the Government to take the necessary measures to repeal or amend section 191 BQ(1)(a) and (2) of the ERP as amended by the Employment Relations (Amendment) Act 2015 by replacing sanctions involving compulsory labour with other kinds of sanctions (e.g. fines), so as to ensure that persons peacefully organizing or participating in a strike are not liable to imprisonment involving an obligation to work. It also requests the Government to provide information on any progress made in this regard.