Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 1(a) of the Convention. In its earlier comments, the Committee referred to sections 30(2), 31(2), 32(2) and 35(4) of the Constitution, under which certain rights and freedoms (such as the right to freedom of expression, the right to freedom of assembly, the right to freedom of association and the right to freedom of conscience, religion and belief) may be limited by law in the interests of national security, public safety, public order, public morality or the orderly conduct of national or municipal elections.

The Committee notes the Government’s repeated indication in its report that currently no laws have been adopted or are intended to be adopted to limit the rights and freedoms under these provisions 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). Disciplinary measures applicable to seafarers. In its earlier comments the Committee referred to section 126 of 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 labour discipline or participation in a strike is incompatible with the Convention, except for offences which endanger the safety of the vessel or the life or health of persons.

The Committee notes the Government’s indication in the report that, at present, there is no vessel registered in Fiji that operates internationally. However, the Government shares the view that measures need to be taken to amend the above section, which does not specifically refer to offences which endanger the safety of the vessel or the life or health of persons. While noting the Government’s statement that all efforts are being made with the relevant Ministry to amend section 126 with a view to bringing it into conformity with the Convention, the Committee expresses the firm hope that the necessary measures will at last be taken to amend this section so as to clearly limit its scope as explained above, and that the Government will soon be in a position to report the progress made in this regard.