Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Fiji (Ratification: 2002)

1. The Committee notes that the Government has not yet provided information concerning a number of matters raised by the Committee in its previous comments. The Committee therefore trusts that the Government will provide full information on all the points set out below.

2. Access to education and training. The Committee notes that, under article 39 of the Constitution, everyone has the right to equal access to educational institutions. Section 9(1) of the Education (Establishment and Registration of Schools) Regulations, 1966, provides that while a registered or recognized school may, when selecting pupils for admission, give preference to pupils of a particular race or creed, no pupil shall be denied admission solely on grounds of race or religion. The Government is requested to provide information on the application of these provisions in practice. Please also provide statistical information on the number of schools applying race or creed as an admission requirement and the number of pupils enrolled in these schools.

3. Affirmative action. The Committee notes that article 44 of the Constitution authorizes Parliament to enact legislation providing for affirmative action in favour of disadvantaged groups in areas such as education and training, as well as participation in business and employment in state services. It notes from the progress report on the implementation of affirmative action programmes under the Social Justice Act 2002–03, submitted by the Government to Parliament in 2004, that a number of government agencies have established programmes to promote the training and employment of the indigenous Fijian population. The Committee requests the Government to provide information on the status of the implementation and impact of affirmative action measures taken by the Government in favour of disadvantaged ethnic groups. In this regard, please also provide statistical information on the present levels of participation of the different ethnic groups of the population, disaggregated by sex, in vocational training and both private and public sector employment.

4. The Committee further notes that, under article 44(3) of the Constitution and section 21 of the Human Rights Commission Act, private employers can carry out programmes designed to achieve, for any groups or categories of persons who are disadvantaged, effective equality of access to employment. The Employment Relations Promulgation 2007 provides in section 6(3) that the prohibition of discrimination contained in section 6(2) does not preclude any provision, programme, activity or special measure that has as its object the improvement of conditions of disadvantaged individuals or groups, including those who are disadvantaged on the grounds enumerated in section 6(2). The Government is requested to provide information on the application of these provisions in practice, providing examples of affirmative action measures taken in the private sector.

5. Gender equality. The Committee requests the Government to provide information on the current position of men and women in the labour market, including in the informal economy. Please indicate any concrete measures taken by the competent authorities to promote gender equality in employment and occupation and to follow up on the work-related aspects of the Women’s Plan of Action 1999–2008 and the recommendations established by the 1997 ILO study entitled “Towards equality and protection for women in the formal sector”.

6. Employment under the control of a public authority. The Committee notes that the Employment Relations Promulgation 2007 applies to all employers and workers in workplaces in Fiji, except the military forces, the police force and the prison and correction services (section 3). The Committee requests the Government to provide information on the specific measures taken to promote equal access of men and women from all ethnic groups to the public service, including the army, police and prison service, as well as other employment under the control of a public authority.

7. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government consulted with the representative workers’ and employers’ organizations concerning the enactment of the Employment Relations Promulgation. It requests the Government to provide information on the measures taken to cooperate with these organizations to provide and ensure observance of the Promulgation’s equality provisions in practice.