Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (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).