Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request.

Article 1(a) of the Convention. The Committee previously noted that, in accordance with the Constitution, a law may limit in certain cases 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 notes the Government’s indication that currently no laws have been adopted or are intended to be adopted to limit the rights and freedoms under these sections of the Constitution. It requests the Government to continue to provide, in its future reports, information on the application of the above provisions and to supply copies of any laws adopted thereunder.

Article 1(c) and (d). 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. Referring to paragraphs 110 and 117-125 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.

The Committee notes that the Government shares the view that the wording of section 126 does not specifically refer to offences which endanger safety of the vessel or the life or health of persons. It also notes the Government’s indication in its report that this particular aspect of section 126 has been referred to the Solicitor General, who at the time of the report has not advised on the progress made. The Committee therefore reiterates its hope that the necessary measures will be taken to amend this section so as to limit clearly its scope, in order to bring the legislation into conformity with the Convention on this point. It requests the Government to provide, in its next report, information on any progress made in this regard.