Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Action plan and law enforcement. In its previous comments, the Committee took note of the measures taken by the Government to strengthen the capacities of law enforcement bodies to investigate cases of trafficking in persons, and of the measures designed to protect and rehabilitate the victims. The Committee requested the Government to continue its efforts to ensure that investigations and prosecutions against perpetrators of trafficking are carried out on the basis of sections 112 and 113 of the Crimes Decree 2009 and to facilitate access to immediate assistance to the victims.

The Government indicates in its report that in January 2020, the Fijian Cabinet endorsed the National Anti-Human Trafficking Strategy and Action Plan. The Committee notes with interest that they include measures relating to the identification of victims and referral procedures, as well as the establishment of a case management mechanism to oversee the progression of referrals of trafficking cases and ensure that they take their course from reporting to prosecution. In addition, the Ministry is developing a centralized database to collect data pertaining to human trafficking. The Government also indicates that it has increased the number of officers assigned to the Police Anti-Trafficking Unit, conducted trainings, and launched the project called “Empowering Fijian Civil Society in Countering Trafficking in Human Beings”, with the support of the International Organization for Migration. The Committee observes that, in its 2018 concluding observations, the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) referred to the low prosecution and conviction rates in trafficking cases, despite the high number of reported victims (CEDAW/C/FJI/CO/5 paragraph 31).

The Committee take notes of the measures taken which bear witness to the Government’s commitment to combat trafficking in persons and encourages the Government to continue taking measures to prevent trafficking in persons and ensure that investigations and prosecutions are carried out against perpetrators. In this regard, the Committee requests the Government to provide information on the measures taken within the framework of the National Anti-Human Trafficking Strategy and Action Plan, including information on the functioning of the case management mechanism, and the results achieved. Finally, the Committee requests the Government to provide updated information on the number of investigations, prosecutions, convictions and the penalties imposed with regard to trafficking in persons under sections 112 and 113 of the Crimes Decree 2009.

Protection of victims. The Committee notes the Government’s indication in its report that the Office of the Director of Public Prosecutions, the Immigration Department and the Fiji Police Anti-Human Trafficking Taskforce work together to provide in-house and cross-departmental victim support once the police has arrested the traffickers. Victims of human trafficking also receive counselling and other support services. The Committee notes that, in its 2018 concluding observations, the CEDAW noted deficiencies in the process of identification of victims of trafficking, in particular in the case of women in prostitution, foreign workers in spas and vessel crewmembers who transit through the country (CEDAW/C/FJI/CO/5 paragraph 31). The Committee requests the Government to provide detailed information on the measures taken to identify and provide assistance to victims of human trafficking, for both labour and sexual exploitation, and to support their rehabilitation and social reintegration. Please provide information on the number of victims who have received assistance through the implemented measures.