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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Fiji (Ratification: 1974)

The Committee notes the observations made by the International Trade Union Confederation (ITUC), received on 1 September 2014, the observations received on 14 October 2014 from the Fijian Teachers Association (FTA) and the observations of the Fiji Mine Workers Union handed to the direct contacts mission which visited the country in October 2014. The Committee requests the Government to provide detailed information in reply to these observations with its next report.

Article 1 of the Convention. Protection against acts of anti-union discrimination. With reference to the long-standing dispute in relation to the Vatukoula Mining Company (concerning the refusal to recognize a union and the dismissal of striking workers over 15 years ago), the Committee recalls that, in its previous comments, it had noted the Government’s indication that the Vatukoula Social Assistance Trust Fund (VSATF) had been established to benefit around 800 recipients, certain amounts of money granted and various types of assistance provided with regard to the redundant miners for the purpose of their relocation, small and micro-enterprise development and education for dependants. The Committee once again requests the Government to supply detailed information on the measures taken to compensate the persons concerned and to continue to engage with the Fiji Mine Workers Union representatives with a view to the expeditious and effective implementation of a mutually satisfactory settlement. The Committee trusts that, after 24 years, this long-standing dispute which has caused great hardship to the dismissed workers will finally and equitably be resolved.

Article 4. Promotion of collective bargaining. The Committee recalls that its previous comments concerned several provisions of the Essential National Industries Decree 2011 (ENID) which were not in conformity with the Convention. With reference to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee urges the Government to give serious consideration to the full abrogation of the ENID along the lines supported by the social partners when last examining it in the tripartite Employment Relations Advisory Board (ERAB) subcommittee and to provide information on any developments in this regard.