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The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.
1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government’s report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government’s next report, as well as a copy of any other legislation applicable to the Fiji civil service.
2. The Committee noted the Government’s indication that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government’s assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.
3. Referring to the general observation on the Convention published in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:
(i) whether there are prisons administered by private concerns, profit-making or otherwise;
(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;
(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;
(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;
(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;
(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);
(vii) for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;
(viii)and how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.
The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.
1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government’s report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government’s next report.
2. The Committee noted the Government’s indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government’s assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.
The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government’s report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government’s next report. 2. The Committee noted the Government’s indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government’s assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization. 3. Referring to the general observation on the Convention published in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards: (i) whether there are prisons administered by private concerns, profit-making or otherwise; (ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise; (iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment; (iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed; (v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined; (vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions); (vii) for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed; (viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.
(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous comments: 1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government's report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government's next report. 2. The Committee noted the Government's indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government's assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization. 3. Referring to the general observation on the Convention published in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:
(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;
(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government's report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government's next report.
2. The Committee noted the Government's indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government's assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.
The Committee notes with interest the information supplied by the Government in answer to its previous direct request.
2. The Committee notes the Government's indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee takes due note of the Government's assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.
1. The Committee has noted the General Orders for the Civil Service of Fiji, a copy of which was provided by the Government with its report for the period ending June 1991 and in particular Order No. 221 governing resignation of officers in the civil service.
2. In its previous comments the Committee requested the Government to supply information on any customary law requiring persons to engage in certain circumstances in the cultivation of land or in the service of authorities or the community. The Committee notes the Fijian Affairs Act, Cap 120 and the Native Lands Act, Cap 133, a copy of which was sent by the Government. The Committee also notes the Government's indication in its report that details of Fijian customary laws were not yet codified. The Committee hopes that the Government will be in a position to provide information in this regard with its next report as well as copies of any relevant legislation enacted in this matter.
The Committee notes the information provided by the Government in its report for the period ending June 1989. The Committee has also taken note of the Constitution of 25 July 1990 which provides for the protection of fundamental rights and freedoms of the individual, in particular, freedom from slavery and forced labour.
1. Referring to its previous direct request as well as to section 155 of the Constitution relating to resignation by persons appointed to a public office, the Committee would appreciate information on the freedom of persons to leave the service of the State on their own initiative at specified intervals or by giving notice, including copies of laws and regulations governing the terms of employment of persons in the service of the State.
The Committee has noted the information provided by the Government concerning resignation and discharge of officers and soldiers from the armed forces.
2. The Committee notes that under section 100 of the Constitution, Parliament shall make provision for the application of laws, including customary laws, having particular regard to customs, traditions, usages, values and aspirations of the Fijian people; Fijian customary law shall have effect as part of the laws of Fiji, if not inconsistent with the Constitution or a statute or repugnant to the general principles of humanity. The Committee requests the Government to supply information on any customary law requiring persons to engage in certain circumstances in the cultivation of land or in the service of authorities or the community.