Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Fiji (Ratification: 1998)

Article 3 of the Convention. Election of representatives of employers and workers organizations. In its previous comments, the Committee requested the Government to explain the manner in which the representative national workers’ and employers’ organizations have been able to determine their representatives. In this regard, the Committee notes the discussion that took place in the Conference Committee on the Application of Standards (the Conference Committee) in June 2019 concerning the application by Fiji of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Conference Committee called upon the Government to, inter alia, refrain from interfering in the designation of the representatives of the social partners on tripartite bodies and to reconvene the Employment Relations Advisory Board (ERAB) without delay, in order to start a legislative reform process. The Government indicates in its report that, according to the 2007 Employment Relations Act, the Minister for Employment is the appointing authority for the ERAB, and representatives of workers and employers are appointed from among persons nominated by workers’ and employers’ organizations. It adds that there is no Government interference in the designation of representatives of the social partners to the ERAB. In this context, the Committee notes section 8(3) of the 2007 Act, which provides that, in making appointments to the ERAB, “… the Minister may take into account the principles of equality set out in section 38 of the Constitution, necessary for the effective operation of the Board.” The Government reports that, after the expiration of the ERAB membership in October 2019, it invited the social partners to submit their nominees to the Minister. The Fiji Commerce and Employer’s Federation (FCEF) submitted their nominees on 21 October 2019 and 23 October 2019, respectively, while the Fiji Trades Union Congress (FTUC) submitted their nominees on 30 October 2019. The Committee nevertheless refers to its 2019 observation in relation to the application of Convention No. 87, in which the FTUC observed that the Government provided no indication regarding when the appointment of the ERAB members would be made, despite the urgency of the situation, also recalling the observations of the International Trade Union Confederation (ITUC),which expressed concern about government manipulation of national tripartite bodies, thus curtailing the possibility of genuine tripartite dialogue. Referring to its 2019 observation under Convention No. 87, the Committee expresses its firm hope that the Government will refrain from any undue interference in the nomination and appointment of representatives of the social partners to the ERAB, and will take steps to ensure that the social partners are able to freely designate their representatives. The Committee urges the Government to take steps to appoint the ERAB members without delay so that the ERAB may reconvene and hold regular tripartite consultations for the purposes of the procedures covered by the Convention. It requests the Government to provide updated information on progress made in this regard. In addition, the Committee requests the Government to describe the manner in which the discretion provided for under section 8(3) of the 2007 Employment Relations Act has been applied in practice.

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that meetings of the ERAB were held regularly during the reporting period despite the boycott of the FTUC and its withdrawal from ERAB meetings in June 2018, February 2019 and August 2019. In this respect, referring to its 2019 observation on Convention No. 87, the Committee notes that, according to the FTUC, the Government’s reference to boycott clearly reveals that there remain issues in the appointment process of ERAB members. The Committee notes the information provided by the Government with regard to the tripartite consultations held within the ERAB during the reporting period. The Government reports on the submission to Parliament of the questionnaire on the abrogation and withdrawal of: the Night Work (Women) Convention, 1919 (No. 4); the Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15); the Protection against Accidents (Dockers) Convention, 1929 (No. 28); the Night Work (Women) Convention (Revised), 1934 (No. 41); the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60); and the Hours of Work and Rest Periods (Road Transport) Convention, 1939 (No. 67). The Government indicates that the Conventions concerned were abrogated or withdrawn. In addition, tripartite consultations were held with regard to the ILO Centenary ratification campaign and proposals of newly adopted instruments pending submission to Parliament, including the Violence and Harassment Convention, 2019 (No. 190), were discussed. With respect to the re-examination of unratified Conventions, the Government indicates that it is envisaged to ratify the Protocol of 2002 to the Occupational Safety and Health Convention, 1981; the Labour Statistics Convention, 1985 (No. 160) and its accompanying Labour Statistics Recommendation, 1985 (No. 170). Finally, the Government indicates that it remains committed to holding tripartite consultations with regard to the reports on the application of ratified Conventions (Article 5(1)(d)) and the proposals for denunciation of ratified Conventions (Article 5(1)(e)). The Committee notes the ratification of the Violence and Harassment Convention, 2019 (No. 190) on 25 June 2020. The Government has not, however, provided detailed information as requested on the content and the outcome of the tripartite consultations held under this Article of the Convention. The Committee therefore requests the Government to provide updated and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the proposal for the denunciation of Conventions (Article 5(1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.