Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Fiji (Ratification: 2010)

The Committee notes the Government’s first report under the Convention.

With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee would be grateful if the Government would communicate the requested information in so far as labour inspection in agriculture is specifically concerned. The Committee also draws the Government’s attention to the following points.

Articles 26 and 27 of the Convention. Annual reports on labour inspection in agriculture. The Committee notes that no annual report on the work of the labour inspection services in agriculture has been received. Moreover, contrary to the Government’s indications, the annual reports on the work of the labour inspection services do not seem to be published on the website of the Ministry of Labour, Industrial Relations and Employment. The Committee noted in its 2011 comment under Convention No. 81, the difficulties referred to by the Government relating to the fact that annual reports had not been approved by Parliament. In the absence of any information on labour inspection activities in agriculture, as required by Article 27(a) to (g) of the Convention, such as statistics of agricultural undertakings liable to inspection and the number of persons working therein, statistics of inspection visits in agricultural undertakings, for example, in important economic sectors such as the sugar industry, statistics of violations and penalties imposed, as well as statistics of occupational accidents and occupational diseases, the Committee is not in a position to make an informed assessment of the application of the Convention. Referring to its related comments under Convention No. 81, the Committee asks the Government to make every effort to publish and communicate to the ILO, in accordance with Article 26 of the Convention, an annual report on the work of the labour inspection services in agriculture, either as a separate report, or as part of its general annual report, containing the information required in Article 27(a) to (g) of the Convention.

Article 5. Scope of labour inspection with regard to specific categories of workers in the agricultural sector. The Committee notes that the Government has only provided very brief information under this Article. The Committee would therefore be grateful if the Government would indicate whether any special problems have been encountered by the labour inspection service in agriculture, in the exercise of its functions in respect of the categories of persons enumerated in paragraph 1(a)–(c) of this Article and any practical measures taken to resolve these problems.

Articles 12 and 13. Cooperation between the labour inspection services and other government services and public institutions, as well as collaboration with employers and workers or their organizations. The Committee notes that the Government refers to the areas of competence of the Ministry of Agriculture but does not provide any information on cooperation between the Ministry of Agriculture and the labour inspection services. The Committee also notes the Government’s reference to the Employment Relations Promulgation No. 36 of 2007 (ERP 2007), which specifies, in section 19(5), that labour inspectors may advise and assist employers and workers on particular or general employment relations matters and provide information, advice, awareness or training to employers and workers or their organizations. However, the Government does not indicate how this provision is applied in practice. The Committee would be grateful if the Government would provide information on any cooperation in practice between the labour inspection services and the Ministry of Agriculture, or other government services or public institutions. It also requests the Government to provide information on the measures taken to promote collaboration between officials of the labour inspectorate in agriculture and employers’ and workers’ organizations. With regard to the last point, the Committee draws the Government’s attention to Paragraphs 10 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).

Articles 6, 9 and 14. Specific skills needed by labour inspectors for the discharge of their duties in agricultural undertakings. The Committee understands from the Government’s report on the application of Convention No. 81, that there are no labour inspectors specializing in agriculture. It further notes the information that all labour inspectors are selected by the Fiji Public Service Commission through interviews and that they receive initial and subsequent training, amongst others in the area of enforcement and occupational safety and health. The Committee requests the Government to indicate whether the selection process covers issues specifically related to agriculture (e.g. the handling of pesticides and other chemicals) and to provide information on the training provided (the subjects covered, the frequency of such training and number of participants, etc.) to enable labour inspectors to acquire the technical knowledge required to perform their duties adequately in the agricultural sector. In this regard, the Committee would like to draw the Government’s attention to Paragraphs 4–7 of Recommendation No. 133 concerning labour inspection in agriculture and the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector.