Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1.  The Committee has noted the information provided by the Government in its report received in September 1997. It has noted, in particular, the adoption of the Constitution (Amendment) Act, 1997, which, with effect from 27 July 1998, repeals the Constitution of 1990 (with the exception of certain provisions): section 21(2) provides that the rights and freedoms set out in Chapter 4 (Bill of Rights) are subject only to the limitations under laws of general application permitted by this chapter and to such derogations as are authorized under Chapter 14 (Emergency powers). Thus, a law may apparently in certain cases limit the right to freedom of expression (section 30(2)), the right to freedom of assembly (section 31(2)), the right to freedom of association (section 32(2)) and the right to freedom of conscience, religion and belief (section 35(4)). The Committee would be grateful if the Government would, in its next report, confirm that no laws have been adopted or are intended to be adopted to limit the rights and freedoms under these sections of the Constitution in such a way as to conflict with the requirements of Article 1 of the Convention.

2.  Article 1(c) and (d) of the Convention.  In its earlier comments the Committee referred to section 126 of the Marine Act No. 35, 1986, under which a seafarer who, during an international voyage, wilfully and persistently neglects his or her duty or disobeys lawful commands or combines with other seafarers for the same purpose or for impeding the navigation of the vessel is liable to imprisonment for up to two years. With reference to paragraphs 110 and 117 to 125 of its General Survey of 1979 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 safety of the vessel or the life or health of persons.

In its latest report, the Government indicates that the Director of Marine, to whom the matter had been referred for consideration of changes in the light of the Committee’s comments, concurs with the Committee’s view that section 126 does not make any reference to endangering the vessel or persons on board. The Committee has noted that the Government has referred this particular aspect of section 126 to the State Law Office so that the necessary measures could be taken to amend this section to limit clearly its scope. The Committee therefore expresses the hope that such measures will be taken in the near future and asks the Government to provide, in its next report, information on any progress made in this regard.