Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Fiji (Ratification: 1974)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. (a) Law enforcement and penalties. The Committee previously noted the adoption of the Crimes Decree, No. 44 of 2009, which contains provisions punishing trafficking in persons, and requested information on its implementation in practice. The Committee notes the copy of two court decisions annexed to the Government’s report. It also notes the Government’s indication that a case involving two iTaukei individuals accused of internal trafficking is pending trial.

The Committee further notes that, in the case State v. Phanati Laojindamanee, Lum Bing, Zang Yong & Jason Zhong (HAC 323 of 2012), the High Court considered a number of elements as aggravating circumstances that increase the risk of victims to being subjected to exploitation. In particular, the High Court highlighted their vulnerability due to a limited knowledge of the language and customs of the destination country; the fact that victims were provided with isolated and substandard accommodation; and the fact that victims were forced into prostitution, against their will. The accused were convicted under sections 106, 112(5), 113(1)(a)(i), and 115(3) of the Crimes Decree and the sanctions imposed ranged from eight to ten years’ imprisonment.

The Committee notes the Government’s general indication that, since 2011, the Anti-Trafficking Unit has investigated and prosecuted a number of cases. According to the Government, the Unit has also carried out training activities in order to strengthen the capacity of police officers to identify and investigate cases of trafficking in persons. The Committee requests the Government to pursue its efforts to ensure that thorough investigations and prosecutions are carried out against perpetrators of trafficking in persons, including internal trafficking. It requests the Government to continue to provide detailed information on the measures taken to this end, as well as on the number of investigations and prosecutions carried out, and the specific penalties applied. Please also provide information on the measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and effective remedies.

(b) National plan of action. The Committee notes the Government’s statement that a National Action Plan for the Eradication of Human Trafficking, led by the Immigration Department, was adopted in February 2011. The Government also indicates that, as part of its increased efforts to address trafficking in persons, the Anti-Trafficking Unit is implementing awareness-raising initiatives on the negative impact of trafficking targeted at the general public, including in schools. The Committee requests the Government to provide information on the application in practice of the National Action Plan for the Eradication of Human Trafficking, indicating whether the objectives set have been achieved and whether an evaluation has been undertaken in order to assess the impact of the measures adopted. Please also provide detailed information on the measures taken by the Anti-Trafficking Unit to prevent trafficking in persons, and the results achieved.