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Minimum Age Convention, 1973 (No. 138) - Fiji (RATIFICATION: 2003)

The Committee takes note of the Government’s first report and requests it to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s information that the country is currently in the process of elaborating a new Employment Relations Bill that would replace existing labour laws and would make relevant changes so as to harmonize the legislation with the Convention. The Committee requests the Government to keep it informed of the progress made in the adoption of the draft Employment Relations Bill and to provide the text once it has been adopted. The Committee also asks the Government to provide information on other national policy measures taken or envisaged to effectively reduce and eliminate child labour.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that, according to section 59(1) of the Employment Ordinance, no child under the age of 12 years shall be employed in any capacity whatsoever. It also notes that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.89 of 24 June 1998, paragraph 23) was concerned about the existing low minimum age for access to work, set at 12 years. The Committee recalls that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. It notes that section 59(1) of the Employment Ordinance establishes a minimum age for admission to employment or work which is lower than that specified by the Government when ratifying the Convention, namely 15 years. However, the Committee notes that section 92 of the draft Employment Relations Bill sets the minimum age for admission to employment or work at 15 years, in conformity with the age specified when ratifying the Convention. The Committee trusts that this draft Employment Relations Bill will soon be adopted.

Article 3, paragraphs 1 and 2. Minimum age for admission to and 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) shall 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 determine the types of hazardous work pursuant to section 61 of the Employment Ordinance. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of employment or work, which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention, and asks it to supply a copy of such regulations. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. The Committee notes that, according to section 57 of the Employment Ordinance, no provision of Part VIII (Women, Young Persons and Children) shall apply to an industrial or other undertaking or to any ship, in which only members of the same family are employed, unless such employment, by its nature and the circumstances in which it is carried on, is dangerous to the life, health or morals of the persons employed therein, or to any school, institution or training ship which is for the time being approved and supervised by the Permanent Secretary for Education. The Committee recalls that, under Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalls that, under Article 4, paragraph 2, each Member which ratifies the Convention shall list in its first report any categories of employment which may have been excluded, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee requests the Government to indicate the special and substantial problems of application that have led to the exclusion and to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 6. Apprenticeship and vocational training. The Committee notes that, according to section 3 of Fiji National Training (1976) Order, one of the entry requirements in any designated trade or occupation is that an apprentice must attain the apparent age of 15 years. Section 4 of the Order further provides for the conditions to be implied in every agreement of apprenticeship. In particular, it states that the employer must train the apprentice in accordance with the training recommendations; make available to the apprentice the requisite tools for the work, all necessary educational textbooks and drawing instruments; and must not require or permit the apprentice to work such hours as would necessitate the apprentice being absent from a day, evening or night-related education class. However, the Government’s report contains no information on the work done by children and young persons in schools for general, vocational or technical education. The Committee therefore requests the Government to provide information on the system of vocational and technical education, enrolment figures and on the conditions prescribed by the relevant competent authorities for any work done by children and young persons authorized as a part of vocational or technical education.

Article 7. Light work. The Committee notes that, according to section 59 of the Employment Ordinance, no child under the age of 12 years shall be employed in any capacity whatsoever, provided that the provision of this section shall not apply to any child employed in light work suitable to his capacity in an agricultural undertaking which is owned and operated by the family of which he is a member. Therefore, the Employment Ordinance permits light work by children below the age of 12 years. The Committee reminds the Government that, pursuant to Article 7, paragraph 1, of the Convention, only children from 13 years of age may be permitted to perform light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes. The Committee notes that, according to section 93(2) of the draft Employment Relations Bill, children between 13 and 15 years may be employed in light work. The Committee trusts that the draft Employment Relations Bill, which provides that only children over 13 years of age are allowed to carry out light work, will soon be adopted.

Article 8. Artistic performances. The Committee notes that the national legislation does not appear to contain provisions regulating artistic performances. It reminds the Government that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age for admission to employment or work and after consultation with the employers’ and workers’ organizations concerned, of granting individual work permits for such purposes as participation in artistic performances. Permits thus granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether children under 15 years of age participate in such activities in practice.

Article 9, paragraph 1. Penalties. The Committee notes that section 99 of the Employment Ordinance provides for penalties of a fine and imprisonment for an offence committed against this Act.

Article 9, paragraph 3. Registers of employment. The Committee notes that, according to section 71(1) of the Employment Ordinance, the employer of children and young persons in an industrial undertaking shall keep a register of all such children and young persons in his/her employment and shall include in such register particulars of their ages or apparent ages. Therefore, according to the abovementioned provision, the obligation of an employer to keep a register concerns only industrial undertakings. In this regard, the Committee reminds the Government that, pursuant to Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by every employer of persons under the age of 18. The Committee also notes that section 99 of the draft Employment Relations Bill provides for an obligation of an employer to keep a register of all children under the age of 18. It therefore requests the Government to indicate whether this obligation concerns all types of employment.

Parts III and IV of the report form. The Committee notes that section 5 of the Employment Ordinance provides for the appointment of a Permanent Secretary of Labour for the purposes of the administration of this Act. The effective enforcement of the Convention through inspections is primarily ensured by labour officers and labour inspectors authorized by the Permanent Secretary, which, pursuant to section 8 of the Employment Ordinance, may institute proceedings in respect of any offence committed by any person against any of the provisions of this Act. The Committee also notes the Government’s statement that there are no court or tribunal rulings to date, because of the compliance by employers and the strict enforcement by labour inspectors. The Committee requests the Government to provide information on the organization and the frequency of the labour inspections, including copies of reports. It also asks 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 are not among the focus of the decisions.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government’s report contains no information on this point. It therefore requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported, etc., even if such data is in the early stages of compilation.