Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. The Committee previously noted the Government’s indication that, since 2011, the Anti-Trafficking Unit had investigated and prosecuted a number of cases. The Unit had 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 also noted 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 increased the risk of victims to being subjected to exploitation. 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 information in its report that the Anti-Trafficking Unit has coordinated training programmes for law enforcement and inter-agency cooperation, as well as specialized training courses for trainers of investigators. The Committee also notes that the Unit has prosecuted four cases of human trafficking through the Office of the Director of Public Prosecution. In three cases, perpetrators were successfully convicted and received sanctions of up to 16 years’ imprisonment. Moreover, seven cases are currently under investigation. The Committee further notes that victims of human trafficking are provided with shelter through the partnership between the Unit and the Department of Social Welfare, the Immigration Bureau and a Non-Governmental Organization for women. Additionally, counselling services are provided by the Department of Social Welfare, and the victim rehabilitation and reintegration programme is managed by the Department of Social Welfare and an NGO. The Committee therefore requests the Government to continue its efforts to ensure that thorough investigations and prosecutions are carried out against perpetrators of trafficking in persons, and to provide information on the number of investigations and prosecutions carried out, and the specific penalties applied. The Committee also requests the Government to continue providing detailed information on the measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and effective remedies.

2. National plan of action. The Committee previously noted that a National Action Plan (NAP) for the Eradication of Human Trafficking, led by the Immigration Department, was adopted in February 2011. The Government also indicated that, as part of its increased efforts to address trafficking in persons, the Anti-Trafficking Unit was implementing awareness-raising initiatives on the negative impact of trafficking targeted at the general public, including in schools.

The Committee notes the Government’s information that the NAP for the Eradication of Human Trafficking has not been fully implemented. The Committee also notes the Government’s indication that the Anti-Trafficking Unit continues to implement community and school based awareness campaigns, and has organized activities to reach out to people in both rural and urban areas in partnership with other government departments, UN agencies and civil society. The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the NAP for the Eradication of Human Trafficking, and to provide information on any progress made or results achieved in this regard.