Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Abolition of Forced Labour Convention, 1957 (No. 105) - Fiji (Ratification: 1974)

Further to its previous comments the Committee notes the information provided by the Government in its report for the period ending June 1991.

1. In its previous comments the Committee noted that under the Sunday Observance Decree of 3 May 1989, it is prohibited, among other things, to convene, organize or take part in an assembly or procession in any public place on a Sunday; a penalty of up to one month's imprisonment may be imposed for breaches of the Decree, the word "assembly" meaning a gathering of three or more persons for the purpose of discussion on matters of public interest or for the purpose of the expression of views on such matters (sections 2, 4 and 9 of the Decree).

The Committee notes the Government's indication in its report that prosecutions for breaches of the Decree, relating to trading on Sundays, have taken place, but that there have been no prosecutions for illegal assemblies or marches.

Referring to Article 1(a) of the Convention as well as to paragraphs 133-140 of its 1979 General Survey on the Abolition of Forced Labour, and recalling its previous comments, the Committee requests the Government to indicate whether any prison sentences have been imposed since its last report of 1991 for breaches of the Decree in relation to assemblies or marches and to report on any measures taken or envisaged to ensure the observance of the Convention in this respect.

2. The Committee noted that under section 162 of the Constitution all basic civil and political rights can be suspended by an Act of Parliament where action is taken or threatened whether inside or outside the country to excite disaffection against the President or the Government or to promote feelings of ill will and hostility between differen races or classes of the population likely to cause violence.

The Committee notes the Goverment's statement in its report that no enactment has been made in this regard. The Committee requests the Government to provide in its future reports information on any enactment adopted.

3. Article 1(c) and (d) of the Convention. The Committee noted that under section 126 of the Marine Act, No. 35 of 1986, a seaman who during an international voyage wilfully and persistently neglects his duty or disobeys lawful commands or combines with other seamen for the same purpose or for impeding the navigation of the vessel is liable to imprisonment for up to two years. Referring to paragraphs 110 and 117-125 of its 1979 General Survey on the Abolition of Forced Labour, the Committee pointed out that the imposition of penalties of imprisonment, involving compulsory labour, for breaches of discipline or participation in a strike is incompatible with the Convention except for offences which endanger the vessel or the life or health of persons.

The Committee notes the Government's indication in its report that the matter has been referred to the Director of Marine for consideration of changes in the light of the Committee's comments.

The Committee hopes that the Government will provide information on any progress in this regard.