Rapport intérimaire - Rapport No. 254, Mars 1988

1. 505. By a communication dated 1 October 1987, the International Union of Food and Allied Workers' Associations (IUF) presented a complaint of violations of trade union rights against the Government of Fiji. The International Confederation of Free Trade Unions (ICFTU) presented a similar complaint on 14 and 15 October 1987 and supplied fresh allegations in a letter of 8 February 1988. The Government sent its reply in communications dated 19, 28, 29 and 30 October and 10 November 1987; due to the recent transmission of the ICFTU letter of 8 February, the Government has not been able to comment on it.
2. 506. Fiji has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 507. In its communication of 1 October 1987, the IUF alleges that Mr. James R. Raman, General Secretary of its affiliate, the National Union of Factory and Commercial Workers of Fiji, has been detained following the 25 September military coup in Fiji.
2. 508. On 14 October 1987, the ICFTU alleges that the General Secretary and Treasurer of its affiliate, the Fiji Trades Union Congress (TUC), Messrs. James Raman and Bob Kumar, were detained by the Fiji security forces for several days. It states that trade union activities have been severely restricted and that the military forces occupied and closed indefinitely the TUC headquarters, as well as the offices of the Fiji Public Service Association Credit Union, the Fiji Bank Employees' Union and the Fiji Teachers' Union. It adds that the premises of the National Union of Factory and Commercial Workers were closed during part of the day of 8 October 1987. According to the ICFTU, the military leader, Mr. Rabuka, declared that his Government would restructure the union movement in Fiji, which the ICFTU sees as a clear interference in the internal affairs of the Fiji trade union movement.
3. 509. On 15 October 1987, the ICFTU alleged that the Fiji Public Service Association premises were also closed and guarded by the military. It states that Mr. James Raman of the TUC was prevented by the authorities at Nadi Airport from leaving the country a few days earlier to join a Commonwealth Trades Union Congress delegation which was to meet with the Commonwealth Heads of State at their meeting in Vancouver.
4. 510. In its letter of 8 February 1988, the ICFTU states that an ICFTU mission which visited Fiji from 13 to 15 January 1988 reports continuing restrictions on trade union rights particularly, but not exclusively, in the public sector e.g. special permission is required from the Home Affairs Ministry for certain trade unionists who wish to travel abroad, a number of unionists have been suspended from their employment, surveillance of trade unionists and their office premises, police must be notified before unions hold meetings.

B. The Government's reply

1. 511. In a cable dated 19 October 1987, the Government - through the Minister for Employment and Industrial Relations of the Executive Council of the interim Government of Fiji - assures the ILO that the trade union rights in Fiji under existing labour laws are still intact. It points out, however, that these rights will only continue provided that certain trade union leaders refrain from subversive activities likely to jeopardise the economy. The Government states that the trade unionists referred to by the complainants have been released. In addition, talks are being conducted between the President and the General Secretary of the TUC as regards the closure of trade union premises; the Government undertakes to inform the Committee of the outcome of these talks in due course.
2. 512. In a letter dated 28 October 1987, the Government explains that whilst it is true that certain trade union leaders (including Mr. J.R. Raman) were detained immediately following the military coup on 25 September 1987, this measure was necessary in view of the subversive actions by these trade unionists aimed at jeopardising the economy. It repeats that all trade unionists have since been released and trade union rights under existing laws are still intact, "as we all embark on the path of reconciliation and eventual return to normality". It stresses, however, that the trade union movement in Fiji will be expected to co-operate with the Government, and in return it gives the assurance that their rights will continue as normal. According to the Government, it must be appreciated that in these difficult times, increased state intervention in dispute resolution may be expected if trade unions refuse to shoulder their responsibilities to the community and the nation as a whole. It trusts that the foregoing clearly explains the actions it was forced to take, unpalatable as they may be, but necessary under the circumstances.
3. 513. In a cable of 29 October 1987, the Government states that all trade union premises are now functional and all trade union rights, including the right to strike, are still intact as provided for under the existing Trade Disputes Act. In addition, it gives the assurance that these rights will remain intact as under the present Act in any new Constitution that may be promulgated. According to the Government, under the present circumstances, there is no bar on the holding of normal meetings of boards, committees and conferences of trade unions, provided the nearest police station is informed. This measure is deemed to be temporary only. The assurance is also given that the movement of trade union officials, in pursuance of their normal trade union functions, shall not be restricted.
4. 514. The Government adds that following a series of talks with the Fiji Government, the TUC has expressed satisfaction with regard to trade union rights under the existing laws, and with the Government's assurances that these rights will continue to be protected provided that the trade unions refrain from subversive actions that are likely to destabilise the economy. In return, the Government received a TUC assurance that all its affiliates will be directed not to take any industrial action without pursuing the procedures provided for under the existing Trade Disputes Act. According to the Government, to this end, and following cordial talks, the TUC has agreed to request the Australian Council of Trade Unions (ACTU) to withdraw a proposal to impose a ban on flights to Fiji as from 1 November, and the TUC has also agreed to seek a meeting with the ACTU and New Zealand Federation of Labour (NZFOL) to determine the future of all bans.
5. 515. In its communication of 30 October 1987, the Government states that the Fiji Government and TUC have come to an amicable agreement on all matters and allegations raised in the present case and that all trade union rights under existing laws have been restored to the satisfaction of the TUC. To substantiate this, on 10 November 1987, the Government sent a copy of the Fundamental Freedoms (Amendment) Decree No. 13 which repeals section 14 of the Fundamental Freedoms Decree of 1 October 1987, suspending industrial action by trade unions in the form of strikes, bans, go-slows, protest marches and demonstrations.

C. The Committee's conclusions

1. 516. The Committee notes that this case concerns a series of events occurring immediately after the military coup of 25 September 1987, in particular: the temporary detention of Messrs. James Raman and Bob Kumar, General Secretary and Treasurer respectively of the Fiji Trades Union Congress, the closure for several days of the major trade unions' premises and restriction on the freedom of movement of the TUC General Secretary.
2. 517. The Committee notes that the Government does not deny these incidents, but attempts to explain them as temporary and necessary following the military coup and in view of the subversive actions by these trade unionists aimed at jeopardising the Fijian economy.
3. 518. The Committee observes that while no further mention is made of or details given, on any alleged "subversive actions" by the unionists concerned, the Government emphasises in its most recent communications that there have been cordial talks between the TUC and the Government which have led to a satisfactory accord and exchange of assurances regarding trade union rights in Fiji.
4. 519. The Committee takes note of this agreement, and the fact that all detained unionists have been released, all closed union premises reopened and that freedom of movement is not hampered in any way. It also notes with interest that a certain piece of legislation - not mentioned by the complainants - which had suspended all forms of industrial action was abrogated virtually within a few weeks of its adoption.
5. 520. On the other hand, the Committee must draw the Government's attention to the importance it attaches to the principle that the arrest and detention of trade unionists, even for reasons of internal security, may constitute a serious interference with trade union rights unless attended by appropriate judicial safeguards (see, for example, 233rd Report, Case No. 1211 (Bahrain), para. 589). In addition, in similar cases the Committee has stated that measures of preventive detention may involve a serious interference with trade union activities which it would seem necessary to justify by the existence of a serious situation or emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period (see for example, 222nd Report, Case No. 1135 (Ghana), para. 263). These safeguards should include the assurance that the detention is for a very short period of time and is not extended beyond the time absolutely necessary, that it is not accompanied by measures of intimidation and that it is not being used for purposes other than those for which it is designed and, in particular, to exclude ill-treatment (see for example, 214th Report, Case No. 1032 (Ecuador), para. 161 and 216th Report, Case No. 1084 (Nicaragua), para. 38).
6. 521. Likewise, with regard to the temporary closure of certain major union premises, the Committee would draw the Government's attention generally to the resolution concerning trade union rights and their relation to civil liberties (adopted by the International Labour Conference at its 54th Session, 1970) which includes the right to protection of trade union property as one of the civil liberties essential for the normal exercise of trade union rights.
7. 522. Finally, the Committee regrets that the General Secretary of the Fiji Trades Union Congress was prevented at the Nadi Airport from joining a Commonwealth Trades Union Congress delegation going to Vancouver, and would recall generally in this connection that the right of national trade unions to send representatives to international trade union congresses is a normal corollary of the right of those national organisations to join international workers' organisations (see, for example, 181st Report, Case No. 880 (Madagascar), para. 114).