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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Minimum Age Convention, 1973 (No. 138) - Fiji (Ratification: 2003)

Other comments on C138

Observation
  1. 2014

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Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. The Committee previously welcomed the different measures adopted by the Government to combat child labour and requested it to provide information on their impact.
The Committee notes that the Government indicates in its report that, following the selection of Fiji as a pathfinder country for the attainment of the Sustainable Development Goal (SDG) 8.7 on ‘Ending Child Labour’, the Government has pledged to finalize the National Child Labour Policy and to review the child labour component of the National Employment Policy. It further notes that the Government points out that in the context of the ILO Measurement, Awareness- Raising and Policy Engagement Project (MAP16 Project), the Ministry of Employment, representatives of workers and representative of employers are working together to address and accelerate action on child labour. Both the National Action Plan 2021-2025 and the National Child Labour Policy have been formulated under the MAP16 Project. The Committee further notes from the Government’s report that between June 2011 and May 2021, 247 children were removed from situations involving child labour. The Committee also welcomes the Government’s indication that, from 1 August 2020 to July 2021, the Ministry of Employment carried out 2,964 labour inspections that included enforcement awareness on child labour. The Committee requests the Government to provide information on the adoption and further implementation of the National Action Plan 2021-2025 and the National Child Labour Policy, and their results. In addition, the Committee once again requests the Government to provide updated statistical information on the nature, extent and trends of child labour, if possible disaggregated by gender and age group. Finally, the Committee requests the Government to provide information on the number and nature of violations concerning child labour detected by labour inspectors and the penalties imposed.
Article 2(1). Minimum age for admission to employment or work. The Committee notes the Government’s indication that a proposal to amend the Employment Relations Act 2007 to increase the minimum working age from 15 years to 16 years has been formulated under the MAP 16 Project. The Committee requests the Government to continue to provide information on any modification to the minimum age for admission to work in the national legislation.
Article 7(1) and (3). Light work and determination of light work activities. The Committee previously took note of the legislative proposal to raise the minimum age for light work from 13 to 14 years and requested the Government to include the adoption of a list determining the types of light work activities in the amendment process.
In this respect, the Committee notes with interest the Government’s indication that draft regulations on light work have been formulated under the MAP 16 Project, which include amendments to the Employment Relations Act 2007 to increase the minimum age to carry out light work from 13 to 14 years and a list of light work activities. The Committee hopes that the proposed regulations on light work, including the list of light work activities will be adopted, and requests the Government to provide a copy of these regulations in its next report.
Article 8. Artistic performances. The Committee notes that, according to the Government, draft regulations on the participation of children in artistic performances have been proposed in the framework of the MAP 16 Project. The Committee requests the Government to provide a copy of the regulations to the participation of children in artistic performances, once adopted.
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