Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1, subparagraphs c and d, of the Convention. Penal sanctions involving compulsory labour applicable to seafarers. For a number of years, the Committee has been referring to section 126 of the Marine Act No. 35, 1986, under which seafarers who, during an international voyage, wilfully and persistently neglect their duties or disobey lawful commands or combine with other seafarers for the same purpose or for impeding the navigation of the vessel, are liable to imprisonment for up to two years (which involves compulsory prison labour). The Committee pointed out that the imposition of penalties involving compulsory labour for breaches of labour discipline or participation in a strike is incompatible with the Convention, except for offences which endanger safety of the vessel or the life or health of persons.

The Committee previously noted the Government’s statement in its report that, although there was no vessel registered in Fiji that operated internationally, the Government shared the Committee’s view that measures should be taken to amend the above section, which did not specifically refer to offences which endanger safety of the vessel or the life or health of persons. The Government indicates in its latest report that it is undergoing a review of the Act through the Department of Marine for the amendment of section 126 in order to bring it into conformity with the Convention. The Committee therefore expresses the firm hope that section 126 of the Marine Act will soon be amended so as to clearly limit its scope as explained above. It requests the Government to provide, in its next report, information on the progress achieved in this regard.

Article 1, subparagraph d, of the Convention. Penal sanctions involving compulsory labour for having participated in strikes. Referring to its comments addressed to the Government under Convention No. 87, likewise ratified by Fiji, the Committee has noted that, under sections 250 and 256(a) of the Employment Relations Promulgation No. 36 of 2007, organizing and participating in unlawful strikes is punishable with sanctions of imprisonment for a term of up to two years (which involves compulsory prison labour). The Committee hopes that the necessary measures will be taken by the Government with a view to amending these provisions, so as to ensure that no penalties involving compulsory labour can be applied for the mere fact of organizing or participating in a peaceful strike. It requests the Government to provide, in its next report, information on the progress made in this regard.