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Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 3 of the Convention. Election of representatives of employers and workers organizations. In its previous comments, the Committee requested the Government to explain the manner in which the representative national workers’ and employers’ organizations have been able to determine their representatives. In this regard, the Committee notes the discussion that took place in the Conference Committee on the Application of Standards (the Conference Committee) in June 2019 concerning the application by Fiji of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Conference Committee called upon the Government to, inter alia, refrain from interfering in the designation of the representatives of the social partners on tripartite bodies and to reconvene the Employment Relations Advisory Board (ERAB) without delay, in order to start a legislative reform process. The Government indicates in its report that, according to the 2007 Employment Relations Act, the Minister for Employment is the appointing authority for the ERAB, and representatives of workers and employers are appointed from among persons nominated by workers’ and employers’ organizations. It adds that there is no Government interference in the designation of representatives of the social partners to the ERAB. In this context, the Committee notes section 8(3) of the 2007 Act, which provides that, in making appointments to the ERAB, “… the Minister may take into account the principles of equality set out in section 38 of the Constitution, necessary for the effective operation of the Board.” The Government reports that, after the expiration of the ERAB membership in October 2019, it invited the social partners to submit their nominees to the Minister. The Fiji Commerce and Employer’s Federation (FCEF) submitted their nominees on 21 October 2019 and 23 October 2019, respectively, while the Fiji Trades Union Congress (FTUC) submitted their nominees on 30 October 2019. The Committee nevertheless refers to its 2019 observation in relation to the application of Convention No. 87, in which the FTUC observed that the Government provided no indication regarding when the appointment of the ERAB members would be made, despite the urgency of the situation, also recalling the observations of the International Trade Union Confederation (ITUC),which expressed concern about government manipulation of national tripartite bodies, thus curtailing the possibility of genuine tripartite dialogue. Referring to its 2019 observation under Convention No. 87, the Committee expresses its firm hope that the Government will refrain from any undue interference in the nomination and appointment of representatives of the social partners to the ERAB, and will take steps to ensure that the social partners are able to freely designate their representatives. The Committee urges the Government to take steps to appoint the ERAB members without delay so that the ERAB may reconvene and hold regular tripartite consultations for the purposes of the procedures covered by the Convention. It requests the Government to provide updated information on progress made in this regard. In addition, the Committee requests the Government to describe the manner in which the discretion provided for under section 8(3) of the 2007 Employment Relations Act has been applied in practice.
Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that meetings of the ERAB were held regularly during the reporting period despite the boycott of the FTUC and its withdrawal from ERAB meetings in June 2018, February 2019 and August 2019. In this respect, referring to its 2019 observation on Convention No. 87, the Committee notes that, according to the FTUC, the Government’s reference to boycott clearly reveals that there remain issues in the appointment process of ERAB members. The Committee notes the information provided by the Government with regard to the tripartite consultations held within the ERAB during the reporting period. The Government reports on the submission to Parliament of the questionnaire on the abrogation and withdrawal of: the Night Work (Women) Convention, 1919 (No. 4); the Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15); the Protection against Accidents (Dockers) Convention, 1929 (No. 28); the Night Work (Women) Convention (Revised), 1934 (No. 41); the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60); and the Hours of Work and Rest Periods (Road Transport) Convention, 1939 (No. 67). The Government indicates that the Conventions concerned were abrogated or withdrawn. In addition, tripartite consultations were held with regard to the ILO Centenary ratification campaign and proposals of newly adopted instruments pending submission to Parliament, including the Violence and Harassment Convention, 2019 (No. 190), were discussed. With respect to the re-examination of unratified Conventions, the Government indicates that it is envisaged to ratify the Protocol of 2002 to the Occupational Safety and Health Convention, 1981; the Labour Statistics Convention, 1985 (No. 160) and its accompanying Labour Statistics Recommendation, 1985 (No. 170). Finally, the Government indicates that it remains committed to holding tripartite consultations with regard to the reports on the application of ratified Conventions (Article 5(1)(d)) and the proposals for denunciation of ratified Conventions (Article 5(1)(e)). The Committee notes the ratification of the Violence and Harassment Convention, 2019 (No. 190) on 25 June 2020. The Government has not, however, provided detailed information as requested on the content and the outcome of the tripartite consultations held under this Article of the Convention. The Committee therefore requests the Government to provide updated and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the proposal for the denunciation of Conventions (Article 5(1)(e)).
In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3 of the Convention. Election of representatives of employers and workers organizations. In its previous comments, the Committee requested the Government to explain the manner in which the representative national workers’ and employers’ organizations have been able to determine their representatives. In this regard, the Committee notes the discussion that took place in the Conference Committee on the Application of Standards (the Conference Committee) in June 2019 concerning the application by Fiji of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Conference Committee called upon the Government to, inter alia, refrain from interfering in the designation of the representatives of the social partners on tripartite bodies and to reconvene the Employment Relations Advisory Board (ERAB) without delay, in order to start a legislative reform process. The Government indicates in its report that, according to the 2007 Employment Relations Act, the Minister for Employment is the appointing authority for the ERAB, and representatives of workers and employers are appointed from among persons nominated by workers’ and employers’ organizations. It adds that there is no Government interference in the designation of representatives of the social partners to the ERAB. In this context, the Committee notes section 8(3) of the 2007 Act, which provides that, in making appointments to the ERAB, “… the Minister may take into account the principles of equality set out in section 38 of the Constitution, necessary for the effective operation of the Board.” The Government reports that, after the expiration of the ERAB membership in October 2019, it invited the social partners to submit their nominees to the Minister. The Fiji Commerce and Employer’s Federation (FCEF) submitted their nominees on 21 October 2019 and 23 October 2019, respectively, while the Fiji Trades Union Congress (FTUC) submitted their nominees on 30 October 2019. The Committee nevertheless refers to its 2019 observation in relation to the application of Convention No. 87, in which the FTUC observed that the Government provided no indication regarding when the appointment of the ERAB members would be made, despite the urgency of the situation, also recalling the observations of the International Trade Union Confederation (ITUC),which expressed concern about government manipulation of national tripartite bodies, thus curtailing the possibility of genuine tripartite dialogue. Referring to its 2019 observation under Convention No. 87, the Committee expresses its firm hope that the Government will refrain from any undue interference in the nomination and appointment of representatives of the social partners to the ERAB, and will take steps to ensure that the social partners are able to freely designate their representatives. The Committee urges the Government to take steps to appoint the ERAB members without delay so that the ERAB may reconvene and hold regular tripartite consultations for the purposes of the procedures covered by the Convention. It requests the Government to provide updated information on progress made in this regard. In addition, the Committee requests the Government to describe the manner in which the discretion provided for under section 8(3) of the 2007 Employment Relations Act has been applied in practice.
Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that meetings of the ERAB were held regularly during the reporting period despite the boycott of the FTUC and its withdrawal from ERAB meetings in June 2018, February 2019 and August 2019. In this respect, referring to its 2019 observation on Convention No. 87, the Committee notes that, according to the FTUC, the Government’s reference to boycott clearly reveals that there remain issues in the appointment process of ERAB members. The Committee notes the information provided by the Government with regard to the tripartite consultations held within the ERAB during the reporting period. The Government reports on the submission to Parliament of the questionnaire on the abrogation and withdrawal of: the Night Work (Women) Convention, 1919 (No. 4); the Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15); the Protection against Accidents (Dockers) Convention, 1929 (No. 28); the Night Work (Women) Convention (Revised), 1934 (No. 41); the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60); and the Hours of Work and Rest Periods (Road Transport) Convention, 1939 (No. 67). The Government indicates that the Conventions concerned were abrogated or withdrawn. In addition, tripartite consultations were held with regard to the ILO Centenary ratification campaign and proposals of newly adopted instruments pending submission to Parliament, including the Violence and Harassment Convention, 2019 (No. 190), were discussed. With respect to the re-examination of unratified Conventions, the Government indicates that it is envisaged to ratify the Protocol of 2002 to the Occupational Safety and Health Convention, 1981; the Labour Statistics Convention, 1985 (No. 160) and its accompanying Labour Statistics Recommendation, 1985 (No. 170). Finally, the Government indicates that it remains committed to holding tripartite consultations with regard to the reports on the application of ratified Conventions (Article 5(1)(d)) and the proposals for denunciation of ratified Conventions (Article 5(1)(e)). The Committee notes the ratification of the Violence and Harassment Convention, 2019 (No. 190) on 25 June 2020. The Government has not, however, provided detailed information as requested on the content and the outcome of the tripartite consultations held under this Article of the Convention. The Committee therefore requests the Government to provide updated and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the proposal for the denunciation of Conventions (Article 5(1)(e)).
In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 5(1) of the Convention. Effective tripartite consultations. The Government provides in its report information on the activities of the Employment Relations Advisory Board (ERAB), indicating that its membership has been expanded to allow for enhanced inclusiveness and increased representation. The Committee, referring to the observations of the International Trade Union Confederation (ITUC) on Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), notes the ITUC’s indication that the worker and employer representatives are chosen by government and not wholly nominated by the most representative employers’ and workers’ organizations, Fiji Trade Union Congress (FTUC) and the Fiji Commerce and Employers Federation (FCEF). The ERAB is the tripartite forum through which the social partners consult on employment-related issues and advise the Minister of Employment, Productivity and Industrial Relations. The Government indicates that the ERAB has committed to meet monthly to continue the review of the country’s labour laws to ensure compliance with the ILO Conventions ratified by Fiji. It adds that this forum also presents an opportunity to harness the ERAB mechanism to maintain social dialogue and as a means of implementing real change and labour reform. With respect to matters concerning international labour standards, the Committee notes that tripartite consultations were held with respect to unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)). The Committee requests the Government to continue to provide information on the outcome of tripartite consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention: consultations on replies to questionnaires concerning items on the agenda of the Conference and comments on proposed texts to be discussed at the Conference (Article 5(1)(a)), proposals made to the competent authorities in connection with the submission of instruments adopted by the Conference (Article 5(1)(b)), the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)), preparation of reports on the application of ratified Conventions (Article 5(1)(d)), and proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Government is also requested to continue to provide information on the activities of the Employment Relations Advisory Board with respect to matters covered by the Convention. The Committee further requests the Government to explain the manner in which the representative national workers’ and employers’ organizations have been able to determine their representatives.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government in its report received in June 2013. The Government indicates that consultations were held with representatives of employers’ and workers’ organizations concerning the ratification of the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Employment Relations Advisory Board (ERAB) convened meetings to discuss issues pertaining to Conventions Nos 122 and 129. The Government adds that the first reports on the application of these Conventions were also submitted to the social partners prior to the International Labour Conference in 2012. The Committee recalls that the ratification of Convention No. 122 and of Convention No. 129 was registered in January 2010. In addition, the instruments of ratification of the Private Employment Agencies Convention, 1997 (No. 181), and of the Maritime Labour Convention, 2006 (MLC, 2006), were received at the ILO in January 2013. Keeping in mind the concerns on trade union rights raised under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee refers to the resolution on tripartism and social dialogue adopted by the Conference at its 90th Session (2002), which emphasizes the fact that, for tripartite consultations to be successful, participants must demonstrate the necessary skills for social dialogue (capacity to be aware of the positions of the other parties, respect for each participant, abiding by commitments made, and a willingness to resolve differences). Furthermore, the Committee recalls that the 2008 ILO Declaration on Social Justice for a Fair Globalization identified the Convention as one of the most significant instruments from the viewpoint of governance. The Committee therefore expresses its firm hope that there are new grounds in Fiji for continuing to bring together the social partners and for further developing effective tripartite consultations. The Committee invites the Government to include in its next report detailed information on the activities of the ERAB and on the tripartite consultations held on the matters relating to international labour standards covered by Article 5(1) of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government in its report received in May 2011. The Government indicates that the Employment Relations Advisory Board (ERAB) convened five meetings in 2010, three of which were special board meetings to discuss issues relating to the country’s national minimum wage. It also indicates that all government policies that are raised through the ERAB are dealt with on a tripartite basis as required under section 8(1) of the Employment Relations Promulgation 2007. The ERAB is composed of two women, a representative from the Fiji National Council of Disabled Persons (FNCDP), along with representatives from the government, employers’ and workers’ organizations. The Committee also recalls the ratification in January 2010 of the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee invites the Government to provide information in its next report on the consultations held on each of the matters relating to international labour standards set out in Article 5(1) of the Convention, indicating the nature of any reports or recommendations made as a result of the consultations.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government in its report received in June 2009. The Government indicates that effect is given to the Convention by the Employment Relations Promulgation 2007, which establishes the Employment Relations Advisory Board. This Board is the peak tripartite body which advises the minister on all matters pertaining to employment relations. The Committee notes with interest that the ratification of the Labour Inspection Convention, 1947 (No. 81), the Nursing Personnel Convention, 1977 (No. 149), the Occupational Safety and Health Convention, 1981 (No. 155), the Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172), the Labour Inspection (Seafarers) Convention, 1996 (No. 178), and the Safety and Health in Agriculture Convention, 2001 (No. 184), was registered on 28 May 2008. The Committee asks the Government to continue to provide information on the consultations held by the Employment Relations Advisory Board on each of the matters set out in Article 5(1) of the Convention, indicating the nature of any reports or recommendations made as a result of the consultations.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 4, paragraph 2, and 5 of the Convention. Tripartite consultations required by the Convention. Training of participants. The Committee notes the detailed information provided by the Government’s report received in May 2007 including the minutes of the meetings held in 2006 by the Labour Advisory Board (LAB) on matters covered by the Convention. The Committee notes with interest that the LAB endorsed the ratification of Conventions Nos 148, 155, 170 and 172. In May 2007, Cabinet approved the ratification of Conventions Nos 149, 155 and 184.

2. In reply to its previous comments, the Government reports that, on the appointments of new members, the Labour Administration Services of the Ministry of Labour arrange for special sessions exclusively for new members to train them on their roles and functions and the procedures of the meetings of the LAB. Under the New Employment Relations Act, 2007, the LAB is known as the Employment Relations Advisory Board and its role and functions have been expanded, thus before its members are appointed, they will have to participate in training to be more effective in executing their tasks. The Committee would appreciate continuing to receive particulars of the consultations held during the period covered by the report on the matters set out in the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Tripartite consultations required by the Convention. The Committee notes the detailed information provided by the Government’s report received in June 2005 in relation to the 2004 direct request. The Committee notes the comprehensive Parliamentary Paper No. 16 of 2004, Promoting labour excellence in Fiji, which also contains indications on the tripartite activities held in relation with international labour standards. It further notes that in the meetings scheduled for late 2005, the Labour Advisory Board (LAB) will hold consultations on the pending instruments for submission to Parliament (Article 5, paragraph 1(b), of the Convention). It further notes that the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which are the two priority Conventions that have not yet been ratified by Fiji, will be tabled with the LAB in September 2005 (Article 5, paragraph 1(c)) and that the denunciation of Conventions Nos. 50, 64, 65 and 86 will be included in the LAB agenda for 2006 (Article 5, paragraph 1(d)). It would appreciate continuing to receive particulars of the consultations held during the period covered by the report on the matters set out in the Convention and on the issues raised in this direct request.

2. Training of participants on the consultative procedures. The Committee would be grateful if the Government would also indicate in its next report whether training on the functioning of tripartite consultations has been considered necessary or has taken place (Article 4, paragraph 2).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s first report on the application of the Convention, received in March 2003. It notes in particular the statement that the Labour Advisory Board carries out consultations on matters covered by the Convention. Noting that consultations were held on reports to be made under article 22 of the Constitution of the ILO, the Committee asks the Government to continue providing detailed information on the consultations held during the next reporting period on all the matters set out in Article 5, paragraph 1, of the Convention. Please also indicate the frequency of such consultations and any reports or recommendations resulting from these consultations (Article 5, paragraph 2). While providing information on these questions, please take into account the following points.

-  Article 5, paragraph 1(b). The Committee requests the Government to provide information concerning the consultations held on the proposals to be made in connection with instruments that have not yet been submitted to Parliament (please also refer to the observation on the submission of the instruments adopted by the Conference to Parliament).

-  Article 5, paragraph 1(c). The Committee recalls that tripartite consultations on this subject are intended to promote the implementation of international labour standards by enabling the Government to envisage, in the light of changes in national law and practice, measures which could be taken with a view to facilitating the ratification of a Convention or the application of a Recommendation. In giving effect to this provision of the Convention, the Government might envisage tripartite consultations on the Labour Inspection Convention, 1947 (No. 81), and its Protocol of 1995, and on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which are the two priority Conventions that have not yet been ratified by Fiji.

-  Article 5, paragraph 1(e). The Committee recalls that the ILO Governing Body has invited States parties to the Recruiting of Indigenous Workers Convention, 1936 (No. 50), the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), and the Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86) - which are still in force in Fiji - to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos. 50, 64, 65 and 86 at the same time. Noting that Fiji ratified Convention No. 169 in 1998, the Committee asks the Government to indicate if consultations have been held or are envisaged on the denunciation of Conventions Nos. 50, 64, 65 and 86.

2. The Committee would be grateful if the Government would also indicate in its next report whether training on the functioning of tripartite consultations has been considered necessary or has taken place (Article 4, paragraph 2), and on any consultations held with the representative organizations on "the working of the procedures" provided for in the Convention (Article 6).

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