Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that the Penal Code prohibits kidnapping or abduction for the purposes of slavery, grievous harm or sexual exploitation. It also prohibits parents or custodians of children under 16 from selling or leasing for unlawful or immoral purposes, including prostitution. The Penal Code also prohibits anyone from buying or leasing children for these purposes. The Committee recalls that Article 3(a) of the Convention read with Article 1 requires all forms of sale and trafficking in children to be prohibited irrespective of the purpose. It also recalls that, although there are prohibitions in place in Fiji in respect of children under 16, the Convention applies to all children under the age of 18. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation, as well as the sanctions envisaged.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that article 24 of the Constitution of Fiji prohibits slavery, servitude and forced labour. Under section 5 of the Fundamental Rights and Freedoms Decree 2000, "a person shall not be held in slavery or servitude and shall not be required to perform forced labour". It also notes that section 257 of the Penal Code punishes anyone who unlawfully compels any person to labour against their will. The Committee takes due note of this information.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this subject. However, according to the information available at the Office and according to the initial report of Fiji to the UN Committee on the Rights of the Child (CRC/C/28/Add. 7, 24 September 1996, paragraph 28(h)), there is no conscription into the armed forces and an individual must be at least 18 years of age to be recruited into the army.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Penal Code has extensive provisions prohibiting the procurement and use of young girls and women for prostitution. The Committee recalls that under Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that the Penal Code, prohibits indecent shows and the production or advertisement of obscene materials. The Committee also notes that the Act to amend the Juveniles Act of 1997 imposes specific penalties if a person is convicted for recording pornographic material involving juveniles. The Committee observes however that the Act applies only to juveniles under the age of 17. In this respect, the Committee reminds the Government that the prohibition contemplated in Article 3(b) of the Convention, applies to any child under the age of 18 years. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances under the age of 18.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering a child for the production and trafficking of drugs. The Committee notes that there appears to be no provisions in the Penal Code prohibiting the involvement of children in drug production and trafficking. According to the initial report of Fiji to the UN Committee on the Rights of the Child (CRC/C/28/Add. 7, 24 September 1996, paragraph 274), existing legislation prohibits drug abuse. As indicated in this report, "the Government amended the Dangerous Drugs Act in 1990 to increase penalties for the use, possession and trafficking of marijuana and other drugs". The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of the Dangerous Drugs Act and other relevant legislation.

2. Use, procuring or offering a child for begging. The Committee notes that section 58 of the Juveniles Act, punishes anyone who causes or procures any child (defined as under the age of 14) or, having the custody or care of such a child, allows him to be in any street, premises or place for the purpose of begging. The Committee reminds the Government that the prohibition contemplated in Article 1 read in conjunction with Article 3(c) of the Convention, namely the use, procuring or offering of a child for illicit activities, including for begging, applies to persons under 18 years of age. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 for begging.

Article 3, clause (d) and Article 4, paragraph 1. Determination of hazardous work. The Committee notes that, under the terms of section 61 of the Employment Ordinance, no child (defined as a person under the age of 15) or young person (defined as a person over the age of 15 but under the age of 18) may be employed in any employment which in the opinion of the proper authority is injurious to health, dangerous, or otherwise unsuitable. It notes however that the national legislation does not identify the types of hazardous work pursuant to section 61 of the Employment Ordinance. In this respect, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Consequently, the Committee asks the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. The Committee encourages the Government in determining the types of hazardous work to take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that no decision has been made in this regard. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist.

Article 5. Monitoring mechanisms. 1. Labour Advisory Board. The Committee notes the Government’s indication that the Labour Advisory Board will be the designated mechanism to monitor the implementation of the provisions of the Convention. It also notes that, according to section 3 of the Employment Ordinance, the Labour Advisory Board shall consist of Government officers and representatives of employers and employees and other persons appointed by the Minister. Section 4 further states that the duty of the Board is to consider and advise the Minister upon matters connected with employment and labour and upon any questions referred to the Board by the Minister. The Committee requests the Government to provide further information on the functioning of the Labour Advisory Board, including any extracts of reports and documents relating to children and young persons involved in the worst forms of child labour.

2. Committee for the Elimination of Child Labour. According to the information available at the Office the Government has created a Committee for the Elimination of Child Labour, which includes individuals from the Ministry of Labour, the Ministry of Women, Social Welfare, and Poverty Alleviation, the Fiji police force, and UNICEF, as well as media and employers’ and workers’ organizations. The Committee requests the Government to provide further information on the functioning this Committee.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that there is no existing programme of action as such, "although Government and the social partners and non-governmental organizations and civil societies do oversee their own actions on the elimination of the worst forms of child labour". The Committee reminds the Government that Article 6 of the Convention, requires ratifying member States to take measures to design and implement programmes of action to eliminate, as a priority, the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Fiji.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code establishes sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: the sale of children for the purpose of prostitution; forced labour; procuring girls for prostitution; detaining any woman or girl against her will in a brothel. It also notes that the Act to amend the Juveniles Act, imposes penalties for the offence of production, distribution and trafficking pornographic materials involving juveniles. It further notes that section 99 of the Employment Ordinance provides for dissuasive fines for committing an offence under this Ordinance. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraphs 2(b), (c) and (e) of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to the initial report of Fiji to the UN Committee on the Rights of the Child (CRC/C/28/Add. 7, 24 September 1996, paragraphs 202 and 206), education in Fiji is not compulsory, since compulsory education and free education are seen to go together. Tuition-free education is provided in primary schools for all children aged 6-13. However, while primary school children do not pay tuition fees as such, schools levy fees, the amount of which varies from school to school, such as levies for the construction and maintenance of school buildings, admission and administrative charges, salaries for support staff and some extra-curricular expenses. Primary education is accessible to almost all children in Fiji, but secondary education is less accessible due to the higher costs involved and the geographical distribution of schools. The Government further notes that the current policy is to provide tuition-free education for all children in primary schools with the aim of eventually making education compulsory up to 15 years.

The Committee also notes that, according to the International Confederation of Free Trade Unions (ICFTU) report entitled "Internationally-recognized core labour standards in Fiji" 1997, "there are few studies of child labour as such, but the dropout rate in schools provides a reliable proxy indicator for child labour. This would indicate that some 20-30,000 children are almost certainly engaged in child labour. The financial position and social status of parents and large class sizes are factors which have been identified as accounting for the increase in child labour in Fiji". The Committee expresses concern at the large number of children who do not attend school and may be engaged in the worst forms of child labour. The Committee is of the view that education contributes to eliminating the worst forms of child labour, and it encourages the Government to continue its efforts to ensure access to free primary education to all children in Fiji. It also asks the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. According to the information available at the Office, the use of children in prostitution, mainly in conjunction with sex tourism, appears to be a serious problem in the country. The Committee also notes that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add. 89, 24 June 1998, paragraphs 17 and 25) expressed concern at the insufficient awareness of and lack of information on child abuse, including sexual abuse, at the insufficient legal protection measures and appropriate resources. It also expressed concern at the insufficient rehabilitation measures for ill-treated, sexually abused and economically exploited children as well as their limited access to the justice system. The Committee asks the Government to provide information on the time-bound measures taken to assist for the removal of children from worst forms of child labour such as homeless children working in the area of sex tourism and ensure their rehabilitation and social integration.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee notes that Fiji is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that Fiji ratified the Convention on the Rights of the Child in 1993. It further notes that Fiji is a party to the following international drugs Conventions: Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, Convention on Psychotropic Substances of 1971, and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

2. Regional cooperation. The Committee notes that Fiji recently signed agreements to facilitate mutual assistance in criminal matters with Australia and New Zealand. In accordance with these agreements, a resident of Australia or New Zealand who is charged with a serious offence in Fiji may be prosecuted in his or her country of residence.

Part III of the report form. The Committee notes the Government’s indication that no court decisions involving questions relating directly to the Convention have been given. It encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Parts IV and V of the report form. The Committee notes the Government’s indication that there has not been a case of the worst forms of child labour in the country and that is the main reason for the perceived inaction by the relevant authorities. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Fiji and, in particular, to provide information on the situation with regard to child trafficking and the use of children in sexual exploitation. It encourages the Government to indicate any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.