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

CMNT_TITLE

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. The Committee previously welcomed the different measures adopted by the Government to combat child labour and requested it to provide information on their impact.

The Committee notes that the Government indicates in its report that, following the selection of Fiji as a pathfinder country for the attainment of the Sustainable Development Goal (SDG) 8.7 on ‘Ending Child Labour’, the Government has pledged to finalize the National Child Labour Policy and to review the child labour component of the National Employment Policy. It further notes that the Government points out that in the context of the ILO Measurement, Awareness- Raising and Policy Engagement Project (MAP16 Project), the Ministry of Employment, representatives of workers and representative of employers are working together to address and accelerate action on child labour. Both the National Action Plan 2021-2025 and the National Child Labour Policy have been formulated under the MAP16 Project. The Committee further notes from the Government’s report that between June 2011 and May 2021, 247 children were removed from situations involving child labour. The Committee also welcomes the Government’s indication that, from 1 August 2020 to July 2021, the Ministry of Employment carried out 2,964 labour inspections that included enforcement awareness on child labour. The Committee requests the Government to provide information on the adoption and further implementation of the National Action Plan 2021-2025 and the National Child Labour Policy, and their results. In addition, the Committee once again requests the Government to provide updated statistical information on the nature, extent and trends of child labour, if possible disaggregated by gender and age group. Finally, the Committee requests the Government to provide information on the number and nature of violations concerning child labour detected by labour inspectors and the penalties imposed.

Article 2(1). Minimum age for admission to employment or work. The Committee notes the Government’s indication that a proposal to amend the Employment Relations Act 2007 to increase the minimum working age from 15 years to 16 years has been formulated under the MAP 16 Project. The Committee requests the Government to continue to provide information on any modification to the minimum age for admission to work in the national legislation.

Article 7(1) and (3). Light work and determination of light work activities. The Committee previously took note of the legislative proposal to raise the minimum age for light work from 13 to 14 years and requested the Government to include the adoption of a list determining the types of light work activities in the amendment process.

In this respect, the Committee notes with interest the Government’s indication that draft regulations on light work have been formulated under the MAP 16 Project, which include amendments to the Employment Relations Act 2007 to increase the minimum age to carry out light work from 13 to 14 years and a list of light work activities. The Committee hopes that the proposed regulations on light work, including the list of light work activities will be adopted, and requests the Government to provide a copy of these regulations in its next report.

Article 8. Artistic performances. The Committee notes that, according to the Government, draft regulations on the participation of children in artistic performances have been proposed in the framework of the MAP 16 Project. The Committee requests the Government to provide a copy of the regulations to the participation of children in artistic performances, once adopted.

CMNT_TITLE

Article 1 of the Convention. National policy and practical application of the Convention. The Committee previously noted the implementation of an ILO–IPEC project “Tackle child labour through education” (TACKLE project) which aimed to address child labour through education and poverty reduction. The Committee also noted that the Government, through the Ministry of Labour, Industrial Relations and Employment, was developing a National Action Plan for Child Labour and a five-year strategic plan (2013–18) for combating child labour, including the worst forms, in coordination with the Ministry of Education. It finally noted the Government’s information on measures taken to continue to strengthen the child labour inspectors of the Ministry of Labour, including by providing 18 new labour inspectors to the Child Labour Unit (CLU) and establishing a National Child Labour Database system, which has been in operation since June 2013.

The Committee notes the Government’s indication in its report that, through the TACKLE project, the CLU, assisted by the Ministry of Education, has conducted awareness programmes on child labour in 37 primary schools and 14 secondary schools all over Fiji. Furthermore, the Government indicates that, in the Northern Division, the CLU has conducted awareness programmes for 192 teachers who have become agents for child labour training in their districts. Moreover, the child labour team visited a total of 52 primary schools and 34 secondary schools and provided training to 102 teachers. In the Western division, a total of 39 primary schools and 21 secondary schools were visited and 60 teachers were trained on child labour. The Committee notes, however, the absence of information in the Government’s report regarding the implementation of the National Action Plan for Child Labour and on the application of the Convention in practice. The Committee welcomes the measures taken by the Government and requests it to continue to strengthen its efforts to combat child labour. It once again requests it to provide information on the impact of the National Action Plan for Child Labour and the five-year strategic plan (2013–18) for combating child labour. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons that is gathered in the National Child Labour Database system, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

Article 7(1) and (3). Light work and determination of light work activities. In its previous comments, the Committee noted the Government’s indication that section 93(2) of the Employment Relations Promulgation No. 36 of 2007 raises the age for children who may perform light work from 13 to 14 years. The Committee however noted that the draft provision, did not contain a list determining the types of light work, or the number of hours during which, and conditions in which, such work may be undertaken. Noting the lack of information received on this point, the Committee once again strongly requests the Government to take the opportunity of the amendment process to adopt the list determining types of light work activities for persons between the ages of 14 to 16 years, in addition to the number of hours during which and the conditions in which such employment may be undertaken.

CMNT_TITLE

Article 1 of the Convention. National policy and practical application of the Convention. The Committee recalls its previous comment which noted the establishment of the tripartite Project Advisory Committee on Child Labour (PAC) as well as an ILO–IPEC project “Tackle child labour through education” (TACKLE project) which aimed to address child labour through education and poverty reduction.

The Committee notes that the Government, in particular through the Ministry of Labour, Industrial Relations and Employment, is developing a National Action Plan for Child Labour and a five-year strategic plan (2013–18) for combating child labour, including the worst forms, in coordination with the Ministry of Education. It further notes the Government’s information on measures taken to continue to strengthen the child labour inspectors of the Ministry of Labour, including by providing 18 new labour inspectors to the Child Labour Unit (CLU) and establishing a National Child Labour Database system, which has been in operation since June 2013.

The Committee further notes, however, the information in the report “Child Labour in Fiji – A survey of working children in commercial sexual exploitation, on the streets, in rural agricultural communities, in informal and squatter settlements and in schools” (Child Labour in Fiji report), produced by the ILO Country Office for South Pacific Island Countries and ILO–IPEC in 2010, which identifies high levels of school drop-outs, in particular in the agricultural sector, squatter communities and informal settlements, as contributing to child labour in the country. The Committee accordingly requests the Government to continue to strengthen its efforts to combat child labour and to provide information on the impact in this regard of the National Action Plan for Child Labour and the five-year strategic plan (2013–18) for combating child labour. The Committee also requests the Government to continue to support the measures undertaken by the PAC, particularly through ensuring access to education for children in the agricultural sector, squatter communities and informal settlements. Finally, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons that is gathered in the National Child Labour Database system, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

CMNT_TITLE

Article 3(2) of the Convention. Determination of hazardous work. With regard to the adoption of the list of hazardous types of work, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(1) and (3). Light work and determination of light work activities. Further to its previous comments, which had noted the Government’s commitment to determining the number of hours and the types of activities that constitute light work, the Committee notes the Government’s indication that section 93(2) of the Employment Relations Promulgation No. 36 of 2007 raises the age for children who may perform light work from 13 to 14 years. However, the Committee notes that the draft provision, which was included in the Government’s report, does not contain a list determining the types of light work, or the number of hours during which, and conditions in which, such work may be undertaken. The Committee therefore strongly requests the Government to take the opportunity of the amendment process to adopt the list determining types of light work activities for persons between the ages of 14 to 16 years, in addition to the number of hours during which and the conditions in which such employment may be undertaken.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Article 1 of the Convention and Part V of the report form. National policy designed to ensure the effective abolition of child labour and the application of the Convention in practice. In its previous comments, the Committee noted the establishment of the Project Advisory Committee on Child Labour (PAC), with tripartite representation. The Committee also noted that this body was developing a national action plan to eliminate child labour and requested the Government to provide information on progress made in this regard.

The Committee notes the Government’s indication that the second National Child Labour Forum took place in March 2010, as a follow-up to evaluate the action plan formulated in 2008. The Committee also notes the information in the Government’s report regarding the numerous activities undertaken by the PAC; it has undertaken a baseline study on child labour in five sectors, a legislative review on the application of the Convention and capacity-building initiatives for the child labour inspectors of the Ministry of Labour. The PAC also supported the establishment of the Child Labour Unit within the Ministry of Labour and facilitated various training and awareness-raising projects for tripartite partners and governmental personnel. The Committee further notes the Government’s indication that it is participating in the ILO–IPEC project entitled “TACKLE”, which aims to address child labour through education and poverty reduction.

However, the Committee notes the information in the National Occupational Health and Safety Advisory Board (NOHSAB) paper on hazardous work for children (submitted with the Government’s report) that approximately 80,000 children work as seasonal or migrant farm workers. The NOHSAB paper also indicates that the application of child labour laws is lax in the agricultural sector, and that systematic monitoring of child labour is lacking in the country. The Committee therefore urges the Government to strengthen its efforts to combat child labour, particularly in the agricultural sector. In this regard, it requests the Government to continue to support the PAC’s initiatives to strengthen the capacity of the child labour inspectors of the Ministry of Labour. It also requests the Government to continue to provide information on the concrete measures taken by the PAC, and on the results achieved. It further requests the Government to provide information on the results achieved through the implementation of the ILO–IPEC TACKLE project. Lastly, it requests the Government to provide a copy of the baseline study conducted by the PAC on child labour in five sectors in Fiji once completed.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that section 95(2) of Employment Relations Promulgation No. 36 of 2007 (Promulgation No. 36 of 2007) provides that the Minister of Labour may, after consulting the NOHSAB, and by order in the Gazette, declare any employment or workplace to be prohibited or restricted for children on the grounds that it is injurious to health or is hazardous, dangerous or otherwise unsuitable. The Committee observed that such a list had not been adopted, though noted the Government’s indication that this matter had been refereed to the tripartite Employment Relations Advisory Board (ERAB) for consideration.

The Committee notes the Government’s indication that the ERAB has referred the preparation of a list of hazardous types of work to the NOHSAB, and that the NOHSAB produced a paper on this subject containing a draft list of prohibited types of work. The Committee also notes that an Occupational Health and Safety Advisory Subcommittee (a tripartite stakeholder forum) was established to examine and develop this draft list. The Committee further notes that this draft list of prohibited occupations, submitted with the Government’s report, prohibits 17 types of hazardous occupations which are unsuitable for children. In addition, the Committee notes the Government’s indication that once this list is adopted by the NOHSAB, the Minister of Labour will be advised to adopt the list by order in the Gazette. The Government indicates that this process should be completed by the time it submits its next report. The Committee expresses the firm hope that this list determining the types of hazardous work prohibited to persons under 18 years of age is adopted in the near future, pursuant to 95(2) of Promulgation No. 36 of 2007. It requests the Government to provide a copy of this list, once adopted.

Article 7(1) and (3). Light work and determination of light work activities. The Committee previously noted that, according to section 93(2) of Promulgation No. 36 of 2007, children between the ages of 13 and 15 years may be employed in light work. The Committee also noted the Government’s indication that there were no specific provisions regulating the permitted hours for light work, meaning that children between the ages of 13 and 15 were permitted to work up to eight hours a day. The Committee expressed the view that working up to eight hours per day did not constitute light work. However, the Committee further noted the Government’s statement that the determination of light work activities (and the number of hours during which these activities may be undertaken) would be referred to the ERAB.

The Committee notes the Government’s statement that it is committed to ensuring that the necessary steps are taken to determine the number of hours, as well as the types of activities, that constitute light work. The Committee also notes the Government’s indication that the ERAB and the NOHSAB are working together to develop a list of types of light work. The Government indicates that, once developed and approved by these two boards, this list will be presented to Cabinet for adoption. The Committee requests the Government to take the necessary measures to ensure the elaboration and adoption of this list determining types of light work activities for children between the ages of 13 and 15, in addition to the number of hours during which, and the conditions in which, such work may be undertaken. It requests the Government to provide a copy of this list, once adopted.

CMNT_TITLE

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information provided by the Government in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a Project Advisory Committee on Child Labour (PAC) with tripartite representation has been established, and that PAC will lead efforts towards developing a Fiji National Action Plan to Eliminate Child Labour. With this purpose, the Committee notes that the first National Child Labour Forum was held, and that the Ministry of Labour will soon hire a consultant to facilitate the strengthening of institutional planning to better formulate and implement child labour strategies and effectively enforce child labour legislation. The Committee encourages the Government to develop and adopt the Fiji National Plan to Eliminate Child Labour, and requests the Government to provide information in this respect, particularly regarding the programmes of action that are established and the results achieved in terms of the progressive elimination of child labour.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. In previous comments, the Committee noted that, according to section 40(1) of the Employment Relations (Administration) Regulations 2008 (Employment Relations Regulations), a child under 18 years must not be employed or permitted to be employed in situations of direct hostilities, in any work for which the child has little capacity, in any work which is hazardous to the child’s health, mental, spiritual or social development and in an environment which subjects the child to physical harm, psychological torture, any form of neglect, torture, any form of cruel, inhuman or degrading treatment, or which does not foster the health, self-respect and dignity of the child. The Committee also observed that section 95(2) of Employment Relations Promulgation No. 36 of 2007 (Promulgation No. 36 of 2007) provides that the Minister of Labour may, after consulting the National Occupational Health and Safety Advisory Board, and by order in the Gazette, declare any employment or workplace to be prohibited or restricted on the ground that it is injurious to health or is hazardous, dangerous, or unsuitable, including attendance on machinery, working with hazardous substances, driving motor vehicles, heavy physical labour, the care of children, or work within security services. The Committee observed that no such list of hazardous employment or work appeared to have been declared by the Minister of Labour, and requested the Government to provide information on the progress made in this regard.

The Committee notes the Government’s statement that this matter will be referred to the tripartite Employment Advisory Board for consideration, and this body will advise the Minister for Labour Industrial Relations and Employment in the creation of a list of hazardous activities prohibited to persons below 18 years of age. The Committee also notes the Government’s indication that a Ministerial Order will be developed under section 95(2) of Promulgation No. 36 of 2007, after consultation with both workers’ and employers’ organizations and other relevant stakeholders. This Order will outline the list of hazardous activities and occupations prohibited to persons below 18 years of age, and will conform to the requirements in the Health and Safety at Work Act 1996. The Committee requests the Government to refer to Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which in determining the types of employment or work to which Article 3 of this Convention applies, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes (including ionizing radiations), the lifting of heavy weights and underground work. The Committee also requests the Government to provide a copy of the list of the types of work determined to be hazardous for persons under 18 as soon as it is adopted.

Article 7, paragraphs 1 and 3. Light work and determination of light work. The Committee previously noted that, according to section 93(2) of Promulgation No. 36 of 2007, children between 13 and 15 years of age may be employed in light work. The Committee requested the Government to take the necessary measures to ensure that, in the absence of a definition of light work in the legislation, the competent authority determines what is light work and prescribes the number of hours during which, and the conditions in which, light work may be undertaken. The Committee notes the Government’s acknowledgement of the Committee’s concern on the lack of determination of what activities constitute light work, and notes the Government’s statement that this matter will be referred to the Employment Relations Advisory Board for consideration. The Committee also notes the Government’s indication that, currently, the provisions regulating the hours a child engaged in light work may work are the same as those which apply to children over 15 for non-light work. Pursuant to section 97 of Promulgation No. 36 of 2007 and section 41 of the Employment Relations Regulations, no child may be employed for more than eight hours a day.

The Committee is of the view that work consisting of up to eight hours per day, on any day, as allowed by Promulgation No. 36 of 2007, does not constitute light work. The Committee draws the Government’s attention to paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee therefore hopes that the Government will take the necessary measures to determine the number of hours, as well as the types of activities, which constitute light work. The Committee further requests the Government to supply a copy of the list of the types of light work permitted for children between the ages of 13 and 15, once adopted.

CMNT_TITLE

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had noted the Government’s information that the country was in the process of elaborating a new Employment Relations Bill that would replace existing labour laws and that this bill was extensively discussed in the Labour Advisory Board, which is comprised of the workers’ and employers’ representatives, as well as the Government. The Committee notes with interest that section 90 of the Employment Relations Promulgation 2007 (Promulgation No. 36 of 2007), which was effectively adopted on 2 October 2007, provides that the objectives of Part 10 of the promulgation on children are, among other things, to establish the circumstances and ages at which children may work and to confer certain rights on children and provide protection in view of their vulnerability to exploitation.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had previously recalled 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. The Committee notes with interest that section 92 of Promulgation No. 36 of 2007 sets the minimum age for admission to employment or work at 15 years, in conformity with the age specified by the Government when ratifying the Convention.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. Following its previous comments, the Committee notes that, according to section 40(1) of the Employment Relations (Administration) Regulations 2008, a child under 18 years must not be employed or permitted to be employed in situations of direct hostilities, in any work for which the child has little capacity, in any work which is hazardous to the child’s health, mental, spiritual or social development and in an environment which subjects the child to physical harm, psychological torture, any form of neglect, torture, any form of cruel, inhuman or degrading treatment, or which does not foster the health, self-respect and dignity of the child. The Committee also notes that section 95(1) of Promulgation No. 36 of 2007 prohibits the employment of children underground in mines. It further notes that section 95(2) of Promulgation No. 36 of 2007 provides that the Minister of Labour may, after consulting the National Occupational Health and Safety Advisory Board, and by order in the Gazette, declare any employment or workplace to be prohibited or restricted on the ground that it is injurious to health or is hazardous, dangerous, or unsuitable, including attendance on machinery, working with hazardous substances, driving motor vehicles, heavy physical labour, the care of children, or work within security services. However, the Committee observes that no list of such hazardous employment or work appears to have been declared by the Minister of Labour. The Committee once again recalls that, under the terms of Article 3, paragraph 2, of the Convention, the types of 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 take measures to ensure that a list of hazardous activities and occupations prohibited to persons below 18 years of age, pursuant to section 95(2) of Promulgation No. 36 of 2007, is adopted in the near future. It requests the Government to provide information on the progress made in this regard.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. In its previous comments, the Committee had noted 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 out, 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 had recalled 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 notes with interest that, according to section 265(1)(a) of Promulgation No. 36 of 2007, the Employment Act is repealed, and that Promulgation No. 36 of 2007 does not provide for exclusions such as the ones outlined in section 57 of the Employment Ordinance. Furthermore, the Committee notes the Government’s information that Promulgation No. 36 of 2007 applies to all undertakings, in any branch of economic activity, where workers are employed.

Article 7, paragraphs 1 and 3. Light work and determination of light work. The Committee had previously noted that the Employment Ordinance permitted light work by children below the age of 12 years. It had reminded 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 Promulgation No. 36 of 2007, children between 13 and 15 years may be employed in such light work. However, the Committee recalls that, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted for children between 13 and 15 years and shall prescribe the number of hours during which, and the conditions in which, such employment may be undertaken. The Committee requests the Government to take the necessary measures to ensure that national law and practice are in conformity with the requirements of the Convention and that, in the absence of a definition of light work in the legislation, the competent authority should determine what is light work and should prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that, according to the Employment Ordinance, the obligation of an employer to keep a register concerned only industrial undertakings. It had reminded the Government that Article 9, paragraph 3, of the Convention stipulates that 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 notes with interest that section 99 of Promulgation No. 36 of 2007 provides that an employer of children in a workplace, or in an occupation which forms part of a workplace, must keep a register of all children under the age of 18. Moreover, the register must include particulars of their ages, as well as the date of commencement and termination of their employment.

CMNT_TITLE

The Committee takes note of the Government’s report. It 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. In its previous comments, the Committee noted 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 notes the Government’s information that the Employment Relations Bill was extensively discussed in the Labour Advisory Board, which is comprised of the workers’ and employers’ representatives in addition to the Government. The Committee once again 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. In its previous comments, the Committee noted 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 noted 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 recalled 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 noted 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 once again trusts that this draft Employment Relations Bill will be adopted shortly.

Article 3, paragraphs 1 and 2. Minimum age for admission to and determination of hazardous work. In its previous comments, the Committee observed 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 work which, in the opinion of the proper authority, is injurious to health, dangerous or otherwise unsuitable. It noted, however, that the national legislation did not determine the types of hazardous work pursuant to section 61 of the Employment Ordinance. The Committee requested 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 and on the consultations held with relevant organizations of employers and workers on this subject.

The Committee notes that section 95(1) of the Employment Relations Bill prohibits the employment of children underground in mines. It also notes that section 95(2) of the Employment Relations Bill provides that the Minister of Labour may, after consulting the National Occupational Health and Safety Advisory Board, and by order in the Gazette, declare any employment or workplace to be a prohibited or restricted employment or workplace on the ground that it is injurious to health or is hazardous, dangerous, or unsuitable, including attendance on machinery, working with hazardous substances, driving motor vehicles, heavy physical labour, the care of children or work within security services. The Committee recalls that, under the terms of Article 3, paragraph 2, of the Convention, the types of 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 any order issued by the Minister of Labour that determines a list of activities and occupations prohibited to persons below 18 years of age, pursuant to section 95(2) of the Employment Relations Bill. It further 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. In its previous comments, the Committee noted 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 recalled 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 requested 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. The Committee notes that the Government has not provided any information on this subject. The Committee once again requests the Government to provide information regarding the exclusions outlined in section 57 of the Employment Ordinance.

Article 7. Light work. In its previous comments, the Committee noted 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 reminded 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 noted 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 9, paragraph 3. Registers of employment. In its previous comments, the Committee noted 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 children and young persons in his/her employment and shall include in such register particulars of their ages or apparent ages. It therefore noted that, according to the provision mentioned above, the obligation of an employer to keep a register concerns only industrial undertakings. It reminded the Government that Article 9, paragraph 3, of the Convention stipulates that 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 notes that section 99 of the draft Employment Relations Bill provides that an employer of children in a workplace, or in an occupation which forms part of a workplace, must keep a register of all children under the age of 18. Moreover, the register must include particulars of their ages, as well as the date of commencement and termination of their employment. The Committee trusts that the Employment Relations Bill will soon be adopted.

Parts III and IV of the report form. Enforcement mechanisms. In its previous comments, the Committee noted 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 inspectors is primarily ensured by labour officers and labour inspectors authorized by the Permanent Secretary, who, 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 notes the Government’s statement that there has been no decision by courts of law or other tribunals of questions of principles relating to the application of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee takes note of the Government’s information that, at present, compulsory education is encouraged for children which is free. With the strict inspection procedures undertaken by inspectorate officers, employers are discouraged from employing children. The Committee repeats its request to the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including court decisions regarding the legislation relevant to the application of the Convention, 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.

CMNT_TITLE

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.