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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3(d) and Article 4(1) and (2) of the Convention. Determination and identification of hazardous work. The Committee previously noted that, according to section 40(1) of the Employment Relations (Administration) Regulations 2008, a child under 18 years must not be employed in any work for which the child has little capacity, in any work which is hazardous to the child’s health, mental, spiritual or social development, and in an environment which subjects the child to physical harm, any form of neglect, torture, any form of cruel, inhuman or degrading treatment, or which does not foster the health, self-respect and dignity of the child. It also noted that section 95(2) of the Employment Relations Promulgation No. 36 of 2007 (Promulgation No. 36 of 2007) provides that the Minister of Labour may, after consulting the National Occupational Health and Safety Advisory Board, and by order in the Gazette, declare any employment or workplace to be a prohibited or restricted employment on the ground that it is injurious to health or is hazardous, dangerous, or unsuitable. However, the Committee observed that no such list of hazardous employment or work appears to have been declared by the Minister of Labour.

The Committee noted the information in the Government’s report that the process to determine this list will soon begin through the Project Advisory Committee on Child Labour. The Committee also noted the Government’s statement that a technical committee (with representation from workers’ and employers’ organizations and coordinated by the Ministry of Labour) has been proposed to determine the types of hazardous work, though the terms of reference for this technical committee have yet to be drafted. The Committee further noted the Government’s indication that a Ministerial Order will be developed under section 95(2) of the Promulgation No. 36 of 2007, after consultation with both workers’ and employers’ organizations and other relevant stakeholders. This Order will outline the list of hazardous activities and occupations prohibited to persons below 18 years of age, and will conform to the requirements in the Health and Safety at Work Act 1996.

The Committee once again recalled that, according to Article 4(1) of the Convention, the types of work considered as hazardous are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that, in formulating a list of hazardous activities and occupations prohibited to persons below 18 years of age pursuant to section 95(2) of Promulgation No. 36 of 2007, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to continue to provide information on the progress made in this regard, and supply a copy of this list once it is adopted.

Article 5. Monitoring mechanisms. Training for officials engaged in the monitoring of child labour. The Committee noted the information in the Government’s report that several measures for strengthening the monitoring mechanisms of child labour emerged as outcomes of training courses undertaken by tripartite partner organizations at the International Training Centre (ITC) in Turin, Italy. The Committee noted that “trafficking monitoring” has become part of the social welfare monitoring role of the Social Welfare Department, following a training session with senior managers in that department. The Committee also noted that, following a course on international labour standards, the Ministry of Labour has recommended establishing a child labour unit and appointing child labour inspectors. The Committee further noted that a proposal with a view to developing a strategic plan on this issue has been submitted for review. The Committee requests the Government to continue to provide information on the development of a plan to appoint child labour inspectors as well as information on any other measures taken to strengthen the monitoring mechanisms of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously expressed concern at the large number of children in Fiji who do not attend school and who may be engaged in the worst forms of child labour. The Committee noted that the Ministry of Education adopted the “Educating the child holistically for a peaceful and prosperous Fiji” Strategic Plan (2006–08), and the Suva Declaration, which outlines the major directions for education until 2015 and prioritizes social justice, social inclusion and gender equality. The Committee also noted that the ILO–IPEC Tackle project aims to prevent vulnerable children from entering child labour by reducing poverty and providing access to basic education and skills training for disadvantaged children and youth. The Committee had requested the Government to provide information on the impact of the ILO–IPEC Tackle project, of the Suva Declaration and of the Strategic Plan on providing free basic education to children in order to prevent them from being engaged in the worst forms of child labour. The Committee noted the Government’s information that through the ILO–IPEC Tackle project, a proposal has been submitted by the Ministry of Education to review the Education Act. The Committee also noted the Government’s indication that the Fiji Teachers Union’s theme for 2009 is “Education for poverty alleviation”.

The Committee noted the statistics in the Government’s report on school drop‑out rates, and its statement that intervention programmes in schools are necessary in order to achieve the education Millennium Development Goals. The Committee also noted that, according to the UNESCO report entitled “Education for All – Global Monitoring Report 2009” (UNESCO report), 19 per cent of children who begin primary school drop out before completion, and that this figure has increased since 1999. The number of children who drop out of school by grade 5 has also increased slightly over this period. According to data in the UNESCO report, the net primary enrolment rate fell from 99 per cent in 1999 to 91 per cent in 2006. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expressed concern at the decline in enrolment rates over this period. The Committee encourages the Government to redouble its efforts to improve the functioning of the education system and to ensure access to free primary education to all children in Fiji. The Committee requests the Government to provide information on measures taken in this regard, particularly on measures taken to increase enrolment rates and reduce drop-out rates in the school system. The Committee also requests the Government to provide information on the proposed review of the Education Act. In addition, the Committee requests the Government to provide information on the number of children who were effectively prevented from being engaged in the worst forms of child labour as a result of the implementation of the ILO–IPEC Tackle project.

Clause (d). Identifying and reaching out to children at special risk. In its previous comments, the Committee had noted that the use of children in prostitution, mainly in sex tourism, appears to be a serious problem in the country. The Committee had noted that the report of the National Workshop on the Implementation of Concluding Observations of the Committee on the Rights of the Child recommended that the Government ensure the provision of counselling to all child victims of abuse for their recovery and rehabilitation. The Committee requested the Government to take effective and time-bound measures to assist in the removal of children from the worst forms of child labour such as homeless children working in the area of sex tourism, and to take initiatives to ensure their rehabilitation and integration in response to the recommendation made at the national workshop, and requested information on progress made in this regard. The Committee noted the Government’s information that, pursuant to the Juveniles Act, a welfare officer of the Department of Social Welfare is able to take a juvenile into care, protection or control, if the juvenile has no parents or is destitute, or if the parent or guardian does not (or is unable or unfit to) exercise proper care and guardianship and the juvenile is either exposed to moral or physical danger, or is “falling into bad association”. The Committee also noted the provisions providing protection for children under the Family Law Act (section 121), the Magistrates Court’s Act (section 16(1)(g)), as well as the adoption of the Minimum Standard of Care of Residential Homes and the strengthened monitoring of the adoption process through the National Adoption Panel.

The Committee noted the information in the report entitled “Situational Analysis of Commercial Sexual Exploitation of Children (CSEC) and Child Sexual Abuse (CSA) in Fiji” (CSEC report) commissioned by the United Nations Economic and Social Commission for Asia and the Pacific in 2006, that, as of 2006, a national plan of action addressing the problem of commercial sexual exploitation of children was in development. The Committee also noted the information in the CSEC report that local magistrates indicate that there has been a rise in child sex tourism in Fiji, and that much of the child commercial sexual exploitation occurs in areas frequently inhabited by tourists. The Committee further noted the statement in the CSEC report that children found to be engaged in prostitution are often treated like offenders, and not like victims, and that there is a lack of counselling or rehabilitation available in the sentencing processes of these children. The Committee urges the Government to take effective and time-bound measures to assist in the removal of children from this worst form of child labour, within the framework of a national plan of action on the commercial sexual exploitation of children. The Committee requests the Government to provide information on the measures taken in this regard. It also requests the Government to take the necessary measures to ensure that child victims of prostitution are treated as victims rather than offenders, and to ensure that mechanisms for their rehabilitation and reintegration are available.

Part V of the report form. Application of the Convention in practice. The Committee noted the Government’s information that research on child labour in Fiji is currently being conducted within the framework of the ILO–IPEC Tackle project, including research on the commercial sexual exploitation of children, on street children and on children who live in informal settlements and squatter communities. The Committee requests the Government to provide information from this research when it is completed, to give a general assessment of the manner in which the Convention is applied in Fiji. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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Article 3, clause (d), and Article 4, paragraphs 1 and 2, of the Convention. Determination and identification of hazardous work. The Committee previously noted that, according to section 40(1) of the Employment Relations (Administration) Regulations 2008, a child under 18 years must not be employed in any work for which the child has little capacity, in any work which is hazardous to the child’s health, mental, spiritual or social development, and in an environment which subjects the child to physical harm, any form of neglect, torture, any form of cruel, inhuman or degrading treatment, or which does not foster the health, self-respect and dignity of the child. It also noted that section 95(2) of the Employment Relations Promulgation No. 36 of 2007 (Promulgation No. 36 of 2007) provides that the Minister of Labour may, after consulting the National Occupational Health and Safety Advisory Board, and by order in the Gazette, declare any employment or workplace to be a prohibited or restricted employment on the ground that it is injurious to health or is hazardous, dangerous, or unsuitable. However, the Committee observed that no such list of hazardous employment or work appears to have been declared by the Minister of Labour.

The Committee notes the information in the Government’s report that the process to determine this list will soon begin through the Project Advisory Committee on Child Labour. The Committee also notes the Government’s statement that a technical committee (with representation from workers’ and employers’ organizations and coordinated by the Ministry of Labour) has been proposed to determine the types of hazardous work, though the terms of reference for this technical committee have yet to be drafted. The Committee further notes the Government’s indication that a Ministerial Order will be developed under section 95(2) of the Promulgation No. 36 of 2007, after consultation with both workers’ and employers’ organizations and other relevant stakeholders. This Order will outline the list of hazardous activities and occupations prohibited to persons below 18 years of age, and will conform to the requirements in the Health and Safety at Work Act 1996.

The Committee once again recalls that, according to Article 4(1) of the Convention, the types of work considered as hazardous are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that, in formulating a list of hazardous activities and occupations prohibited to persons below 18 years of age pursuant to section 95(2) of Promulgation No. 36 of 2007, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to continue to provide information on the progress made in this regard, and supply a copy of this list once it is adopted.

Article 5. Monitoring mechanisms. 1. Project Advisory Committee on Child Labour. The Committee notes the information in the Government’s report that a Project Advisory Committee on Child Labour (PAC) has been established, consisting of the Ministries of Labour and Education, the Social Welfare Department, the Fiji Trade Union Congress and the Fiji Employers’ Federations. The Committee notes the Government’s statement that the PAC serves as a forum for discussion on child labour issues to foster coordination and collaboration with other agencies and programmes and to advocate at all levels for a coherent national response to the child labour problem. The PAC collaborates with the National Coordinating Committee on Children (NCCC) through a child labour subcommittee of the NCCC.

2. Training for officials engaged in the monitoring of child labour. The Committee notes the information in the Government’s report that several measures for strengthening the monitoring mechanisms of child labour emerged as outcomes of training courses undertaken by tripartite partner organizations at the International Training Centre (ITC) in Turin, Italy. The Committee notes that “trafficking monitoring” has become part of the social welfare monitoring role of the Social Welfare Department, following a training session with senior managers in that department. The Committee also notes that, following a course on international labour standards, the Ministry of Labour has recommended establishing a child labour unit and appointing child labour inspectors. The Committee further notes that a proposal with a view to developing a strategic plan on this issue has been submitted for review. The Committee requests the Government to continue to provide information on the development of a plan to appoint child labour inspectors as well as information on any other measures taken to strengthen the monitoring mechanisms of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that Fiji is involved in the implementation of the ILO–IPEC project “Tackle child labour through education” (ILO–IPEC Tackle project). It noted that the potential area of emphasis of the ILO–IPEC Tackle project is to establish broad-based action against child labour and to promote the adoption of a national plan against child labour. The Committee requested the Government to provide information on the progress made in the elaboration of a national plan against child labour and, more specifically, on the impact of this national plan on ensuring that the worst forms of child labour do not exist or arise in Fiji.

The Committee notes the information in the Government’s report that the PAC provides guidance on the implementation of the ILO–IPEC Tackle project, advising on priority areas for project activities and support, and reviews and approves action programme proposals for submission to ILO–IPEC. The Committee also notes that the ILO–IPEC Tackle project resulted in a legislative and policy framework review of over 30 pieces of legislation, as well as the ILO–ITC training for stakeholders.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously expressed concern at the large number of children in Fiji who do not attend school and who may be engaged in the worst forms of child labour. The Committee noted that the Ministry of Education adopted the “Educating the child holistically for a peaceful and prosperous Fiji” Strategic Plan (2006–08), and the Suva Declaration, which outlines the major directions for education until 2015 and prioritizes social justice, social inclusion and gender equality. The Committee also noted that the ILO–IPEC Tackle project aims to prevent vulnerable children from entering child labour by reducing poverty and providing access to basic education and skills training for disadvantaged children and youth. The Committee had requested the Government to provide information on the impact of the ILO–IPEC Tackle project, of the Suva Declaration and of the Strategic Plan on providing free basic education to children in order to prevent them from being engaged in the worst forms of child labour. The Committee notes the Government’s information that through the ILO–IPEC Tackle project, a proposal has been submitted by the Ministry of Education to review the Education Act. The Committee also notes the Government’s indication that the Fiji Teachers Union’s theme for 2009 is “Education for poverty alleviation”.

The Committee notes the statistics in the Government’s report on school drop-out rates, and its statement that intervention programmes in schools are necessary in order to achieve the education Millennium Development Goals. The Committee also notes that, according to the UNESCO report entitled “Education for All – Global Monitoring Report 2009” (UNESCO report), 19 per cent of children who begin primary school drop out before completion, and that this figure has increased since 1999. The number of children who drop out of school by grade 5 has also increased slightly over this period. According to data in the UNESCO report, the net primary enrolment rate fell from 99 per cent in 1999 to 91 per cent in 2006. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expresses concern at the decline in enrolment rates over this period. The Committee encourages the Government to redouble its efforts to improve the functioning of the education system and to ensure access to free primary education to all children in Fiji. The Committee requests the Government to provide information on measures taken in this regard, particularly on measures taken to increase enrolment rates and reduce drop-out rates in the school system. The Committee also requests the Government to provide information on the proposed review of the Education Act. In addition, the Committee requests the Government to provide information on the number of children who were effectively prevented from being engaged in the worst forms of child labour as a result of the implementation of the ILO–IPEC Tackle project.

Clause (d). Identifying and reaching out to children at special risk. In its previous comments, the Committee had noted that the use of children in prostitution, mainly in sex tourism, appears to be a serious problem in the country. The Committee had noted that the report of the National Workshop on the Implementation of Concluding Observations of the Committee on the Rights of the Child recommended that the Government ensure the provision of counselling to all child victims of abuse for their recovery and rehabilitation. The Committee requested the Government to take effective and time-bound measures to assist in the removal of children from the worst forms of child labour such as homeless children working in the area of sex tourism, and to take initiatives to ensure their rehabilitation and integration in response to the recommendation made at the national workshop, and requested information on progress made in this regard. The Committee notes the Government’s information that, pursuant to the Juveniles Act, a welfare officer of the Department of Social Welfare is able to take a juvenile into care, protection or control, if the juvenile has no parents or is destitute, or if the parent or guardian does not (or is unable or unfit to) exercise proper care and guardianship and the juvenile is either exposed to moral or physical danger, or is “falling into bad association”. The Committee also notes the provisions providing protection for children under the Family Law Act (section 121), the Magistrates Court’s Act (section 16(1)(g)), as well as the adoption of the Minimum Standard of Care of Residential Homes and the strengthened monitoring of the adoption process through the National Adoption Panel.

The Committee notes the information in the report entitled “Situational Analysis of Commercial Sexual Exploitation of Children (CSEC) and Child Sexual Abuse (CSA) in Fiji” (CSEC report) commissioned by the United Nations Economic and Social Commission for Asia and the Pacific in 2006, that, as of 2006, a national plan of action addressing the problem of commercial sexual exploitation of children was in development. The Committee also notes the information in the CSEC report that local magistrates indicate that there has been a rise in child sex tourism in Fiji, and that much of the child commercial sexual exploitation occurs in areas frequently inhabited by tourists. The Committee further notes the statement in the CSEC report that children found to be engaged in prostitution are often treated like offenders, and not like victims, and that there is a lack of counselling or rehabilitation available in the sentencing processes of these children. The Committee urges the Government to take effective and time-bound measures to assist in the removal of children from this worst form of child labour, within the framework of a national plan of action on the commercial sexual exploitation of children. The Committee requests the Government to provide information on the measures taken in this regard. It also requests the Government to take the necessary measures to ensure that child victims of prostitution are treated as victims rather than offenders, and to ensure that mechanisms for their rehabilitation and reintegration are available.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that research on child labour in Fiji is currently being conducted within the framework of the ILO–IPEC Tackle project, including research on the commercial sexual exploitation of children, on street children and on children who live in informal settlements and squatter communities. The Committee requests the Government to provide information from this research when it is completed, to give a general assessment of the manner in which the Convention is applied in Fiji. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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Article 3 of the Convention. Clauses (a), (b) and (c). Sale and trafficking of children, and use, procuring or offering of a child for prostitution, pornography or illicit activities. Further to its previous comments, the Committee notes with interest that section 91 of the Employment Relations Promulgation 2007 (Promulgation No. 36 of 2007), adopted on 2 October 2007, explicitly prohibits:

(a)   all forms of labour slavery, such as the sale and trafficking of children, debt bondage, and any form of forced or compulsory labour, including forced or compulsory recruitment of children in armed conflict;

(b)   the use, procuring or trafficking of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties; and

(c)   the use, procuring or offering of a child under the age of 18 for prostitution, for the production of pornography or for pornographic performances.

Article 3, clause (d), and Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. Following its previous comments, the Committee notes that, according to section 40(1) of the Employment Relations (Administration) Regulations 2008, a child under 18 years must not be employed or permitted to be employed in situations of direct hostilities, in any work for which the child has little capacity, in any work which is hazardous to the child’s health, mental, spiritual or social development, and in an environment which subjects the child to physical harm, psychological torture, any form of neglect, torture, any form of cruel, inhuman or degrading treatment, or which does not foster the health, self-respect and dignity of the child. The Committee also notes that section 95(1) of Promulgation No. 36 of 2007 prohibits the employment of children underground in mines. It further notes that section 95(2) of Promulgation No. 36 of 2007 provides that the Minister of Labour may, after consulting the National Occupational Health and Safety Advisory Board, and by order in the Gazette, declare any employment or workplace to be a prohibited or restricted employment or workplace on the ground that it is injurious to health or is hazardous, dangerous, or unsuitable, including attendance on machinery, working with hazardous substances, driving motor vehicles, heavy physical labour, the care of children or work within security services. However, the Committee observes that no list of such hazardous employment or work appears to have been declared by the Minister of Labour. The Committee once again recalls that, according to Article 4, paragraph 1, of the Convention, the types of work considered as hazardous are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It further once again draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee therefore requests the Government to take measures to ensure that a list of hazardous activities and occupations prohibited to persons below 18 years of age, pursuant to section 95(2) of Promulgation No. 36 of 2007, is adopted in the near future. It requests the Government to provide information on the progress made in this regard.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Government had created a Committee for the Elimination of Child Labour, which includes individuals from the Ministry of Labour, the Ministry of Women, Social Welfare, and Poverty Alleviation, the Fiji Police Force and UNICEF, as well as media and employers’ and workers’ organizations. The Committee once again requests the Government to provide further information regarding the functioning of the Committee for the Elimination of Child Labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted the Government’s statement that there is no existing programme of action as such, “although the Government and social partners and non-governmental organizations and civil societies do oversee their own actions on the elimination of the worst forms of child labour”. The Committee notes the Government’s information that Fiji is one of the 11 countries involved in the implementation of the ILO/IPEC project “Tackle child labour through education” (ILO/IPEC Tackle project). It notes that, in the case of Fiji, the potential area of emphasis of the ILO/IPEC Tackle project is to establish broad-based action against child labour and to promote the adoption of a national plan against child labour. The Committee requests the Government to provide information on the progress made in the elaboration of a national plan against child labour and, more specifically, on the impact of this national plan on ensuring that the worst forms of child labour do not exist or arise in Fiji.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously expressed concern at the large number of children in Fiji who do not attend school and may be engaged in the worst forms of child labour. The Committee further notes that, according to the regional overview of the Pacific region in the UNESCO “Education for All: Global Monitoring Report” of 2008, the primary net enrolment ratios declined by about three percentage points in Fiji from 1999 to 2005. It notes that the Ministry of Education adopted the “Educating the Child Holistically for a Peaceful and Prosperous Fiji” Strategic Plan (2006–08), according to which the Education Summit that was held from 31 August to 1 September 2005 culminated in the Suva Declaration, which outlines the major directions for education until 2015 and prioritizes social justice, social inclusion and gender equality. The Committee also notes that the ILO/IPEC Tackle Project aims, among other things, to prevent vulnerable children from entering child labour by reducing poverty and providing access to basic education and skills training for disadvantaged children and youth. The Committee once again expresses its view that education contributes to eliminating the worst forms of child labour, and therefore once again encourages the Government to continue its efforts to ensure access to free primary education to all children in Fiji. The Committee requests the Government to provide information on the impact of the Suva Declaration and of the strategic plan on providing free basic education to children in order to prevent them from being engaged in the worst forms of child labour. It also requests the Government to provide information on the number of children who were effectively prevented from being engaged in the worst forms of child labour as a result of the implementation of the ILO/IPEC Tackle Project.

Clause (d). Identifying and reaching out to children at special risk. In its previous comments, the Committee had noted that the use of children in prostitution, mainly in sex tourism, appears to be a serious problem in the country. The Committee had also noted that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.89, 24 June 1998, paragraphs 17 and 25), expressed concern at the insufficient awareness of and lack of information on child abuse, including sexual abuse, and the insufficient legal protection measures and appropriate resources. It had also expressed concern at the insufficient rehabilitation measures for ill-treated, sexually abused and economically exploited children as well as their limited access to the justice system. The Committee had noted that the report of the National Workshop on the Implementation of Concluding Observations of the Committee on the Rights of the Child recommended that the Government ensure the provision of counselling to all child victims of abuse for their recovery and rehabilitation, including the availability of immediate counselling for victims by employing child psychologists to work with the police and the Department of Public Prosecution. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to take the effective and time-bound measures to assist in the removal of children from the worst forms of child labour such as homeless children working in the area of sex tourism, and to take initiatives to ensure their rehabilitation and integration in response to the recommendation made at the national workshop. The Committee requests the Government to provide information on the progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to a press release of 7 June 2007 published on Fiji Government Online (www.fiji.gov.fj), the Director of the ILO Office for the South Pacific, on the occasion of the World Day Against Child Labour of 12 June 2007, stressed the need for a survey to determine the number of children who are in the workforce in Fiji. The Committee urges the Government to take measures to collect statistics in order to obtain a clearer picture of the prevalence of child labour and its worst forms in Fiji, as well as information on the nature, extent and trends of the worst forms of child labour. The Committee once again requests the Government to give a general assessment of the manner in which the Convention is applied in Fiji and, in particular, to provide information on the situation with regard to trafficking and the use of children in commercial sexual exploitation. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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The Committee notes the Government’s report. It requests it to provide further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s information that the Employment Relations Bill, which is currently being tabled in Parliament for enactment to replace the Employment Act Cap 92, has been endorsed by the Labour Advisory Board. The Bill specifically outlines the provisions of the Convention, and explicitly prohibits any form of child labour. Moreover, the Committee notes that, under the new Bill, a child is now defined as a person who is under the age of 18 years. The Committee expresses the hope that the Bill will be adopted shortly.

Article 3, clause (a). 1. Sale and trafficking of children. In its previous comments, the Committee noted that the Penal Code prohibits the kidnapping, purchase or trafficking of children under the age of 16 for the purposes of slavery, grievous harm or sexual exploitation. The Committee recalled that Article 3(a), read together with Article 1 of the Convention, requires all forms of sale and trafficking in children to be prohibited irrespective of purpose. It also recalled that, although there are prohibitions in place in Fiji with respect to children under 16, the Convention applies to all children under the age of 18. The Committee notes that section 91(a) of the Employment Relations Bill prohibits all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and any form of forced or compulsory labour, including forced or compulsory recruitment of children in armed conflict. The Committee also notes section 256 of the Employment Relations Bill, which outlines a general penalty for these offences, including fines and imprisonment.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. In its previous comments, the Committee noted that, while the Penal Code has extensive provisions prohibiting the procurement and use of young girls and women for prostitution, the Convention prohibits the use, procuring, or offering of both boys and girls under 18 years of age for prostitution. It further noted that the Act to amend the Juveniles Act of 1997 imposes specific penalties if a person is convicted of recording pornographic material involving juveniles under the age of 17. It requested the Government to provide information on the measures taken or envisaged to prohibit the use, procuring, or offering of a child for prostitution or pornography under the age of 18. The Committee notes that section 91(c) of the Employment Relations Bill explicitly prohibits the use, procuring or offering of a child under the age of 18 for prostitution, for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee observed that, while existing legislation prohibits drug use, there appear to be no provisions in the Penal Code prohibiting the involvement of children in drug production and trafficking. Furthermore, the Committee noted that section 58 of the Juveniles Act punishes anyone who causes or procures any child (defined as under the age of 14) or, having the custody or care of such a child, allows him to be in any street, premises or place for the purpose of begging. The Committee requested the Government to provide information on measures taken or envisaged to give effect to Article 3(c) of the Convention. The Committee notes that section 91(b) of the Employment Relations Bill prohibits the use, procuring or trafficking of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in relevant international treaties.

Article 3, clause (d), and Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. In its previous comments, the Committee noted that under the terms of section 61 of the Employment Ordinance, no child (defined as a person under the age of 15) or young person (defined as a person over the age of 15 but under the age of 18) may be employed in any employment which, in the opinion of the proper authority, is injurious to health, dangerous or otherwise unsuitable. The Committee further noted, however, that the national legislation does not identify the types of hazardous work pursuant to section 61 of the Employment Ordinance, and requested the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention.

The Committee notes the Government’s information that section 63 of the Employment Ordinance restricts the employment of children in industrial undertakings and in any undertaking in attendance on machinery for health and safety reasons. However, it observes that, under this Ordinance, the term “child” means a person who has not attained the age of 15 years. The Committee notes that section 95(1) of the Employment Relations Bill restricts the employment of children underground in mines. It also notes that section 95(2) specifies that the Minister for Labour may, after consulting the National Occupational Health and Safety Advisory Board, declare any employment or workplace to be a prohibited or restricted employment or workplace on the ground that it is injurious to health or is hazardous, dangerous or unsuitable, including attendance on machinery, working with hazardous substances, driving motor vehicles, heavy physical labour, the care of children or work within security services. The Committee recalls that, according to Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It further draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on any order issued by the Minister of Labour that determines a list of activities and occupations prohibited to persons below 18 years of age, pursuant to section 95(2) of the Employment Relations Bill. It further requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Government had created a Committee for the Elimination of Child Labour, which includes individuals from the Ministry of Labour, the Ministry of Women, Social Welfare, and Poverty Alleviation, the Fiji Police Force, and UNICEF, as well as media and employers’ and workers’ organizations. Recalling its previous comments, the Committee requests the Government to provide further information regarding the functioning of the Committee for the Elimination of Child Labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. Referring to its previous comments, the Committee once again notes the Government’s statement that there is no existing programme of action as such, “although the Government and social partners and non-governmental organizations and civil societies do oversee their own actions on the elimination of the worst forms of child labour”. The Committee requests the Government to indicate how the abovementioned actions contribute to ensuring that the worst forms of child labour do not exist or arise in Fiji.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that, according to the initial report of Fiji to the United Nations Committee on the Rights of the Child (CRC/C/28/Add.7, 24 September 1996, paragraphs 202 and 206), primary education is accessible to almost all children in Fiji, but secondary education is less accessible due to the higher costs involved and the geographical distribution of schools. The Committee also noted that, according to the International Confederation of Free Trade Unions (ICFTU) report entitled “Internationally-recognized core labour standards in Fiji, 1997”, “there are few studies of child labour as such, but the drop-out rate in schools provides a reliable proxy indicator for child labour. This would indicate that some 20-30,000 children are almost certainly engaged in child labour”. The Committee expressed concern at the large number of children who do not attend school and may be engaged in the worst forms of child labour. The Committee also expressed its view that education contributes to eliminating the worst forms of child labour, and it encouraged the Government to continue its efforts to ensure access to free primary education to all children in Fiji.

The Committee notes that the Ministry of Education held its first Education Summit from 31 August to 1 September 2005, the goal of which was to create an Education Master Plan for Fiji. The Committee further notes the report on the National Workshop on the Implementation of the Concluding Observations of the Committee on the Rights of the Child, held in Suva from 21 to 22 February 2006. The workshop recommended that education be made compulsory by law and available for free, including with regard to hidden costs, to all children at primary level, and if possible at secondary level. Furthermore, the workshop recommended strengthening the periodic monitoring of the education system framed by the Convention on the rights of the child, especially with regard to access, quality and child protection. The Committee requests the Government to provide a copy of the Education Master Plan for Fiji, as well as information on measures taken or envisaged based on the recommendations made at the National Workshop on the Implementation of the Concluding Observations of the Committee on the Rights of the Child.

Clause (d). Identifying and reaching out to children at special risk. In its previous comments, the Committee noted that the use of children in prostitution, mainly in sex tourism, appears to be a serious problem in the country. The Committee also noted that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.89, 24 June 1998, paragraphs 17 and 25), expressed concern at the insufficient awareness of and lack of information on child abuse, including sexual abuse, and the insufficient legal protection measures and appropriate resources. It also expressed concern at the insufficient rehabilitation measures for ill-treated, sexually abused and economically exploited children as well as their limited access to the justice system. The Committee notes that the report of the National Workshop on the Implementation of Concluding Observations of the Committee on the Rights of the Child recommends that the Government ensure the provision of counselling to all child victims of abuse for their recovery and rehabilitation, including the availability of immediate counselling for victims by employing child psychologists to work with the police and the Department of Public Prosecution. The Committee requests the Government to provide information on the time-bound measures taken to assist in the removal of children from the worst forms of child labour such as homeless children working in the area of sex tourism, and what initiatives are taken to ensure their rehabilitation and integration in response to the recommendation made at the national workshop.

Article 8. International cooperation and assistance. International cooperation. Referring to its previous comments, the Committee notes the Government’s information that it is “vigilant” on the issue of the worst forms of child labour, and ensures that all the responsible authorities and stakeholders utilize international cooperation, including assistance from Interpol. The Committee further notes that in May 2005 the Government ratified the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict, and the sale of child prostitution and child pornography.

Parts IV and V of the report form. Application of the Convention in practice. The Committee once again notes the Government’s indication that there has not been a case of the worst forms of child labour in the country and that is the main reason for the perceived inaction by the relevant authorities. It notes the Government’s information that there is a continuing awareness campaign, and that all the interested parties and stakeholders report all cases of the worst forms of child labour to the Ministry of Labour or the Ministry of Social Welfare or the Police Department. Once a complaint is identified and confirmed, the appropriate authority or authorities (as indicated above) are asked to respond according to the relevant laws which are currently in place. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Fiji and, in particular, to provide information on the situation with regard to child trafficking and the use of children in commercial sexual exploitation. It encourages the Government to indicate any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that the Penal Code prohibits kidnapping or abduction for the purposes of slavery, grievous harm or sexual exploitation. It also prohibits parents or custodians of children under 16 from selling or leasing for unlawful or immoral purposes, including prostitution. The Penal Code also prohibits anyone from buying or leasing children for these purposes. The Committee recalls that Article 3(a) of the Convention read with Article 1 requires all forms of sale and trafficking in children to be prohibited irrespective of the purpose. It also recalls that, although there are prohibitions in place in Fiji in respect of children under 16, the Convention applies to all children under the age of 18. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation, as well as the sanctions envisaged.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that article 24 of the Constitution of Fiji prohibits slavery, servitude and forced labour. Under section 5 of the Fundamental Rights and Freedoms Decree 2000, "a person shall not be held in slavery or servitude and shall not be required to perform forced labour". It also notes that section 257 of the Penal Code punishes anyone who unlawfully compels any person to labour against their will. The Committee takes due note of this information.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this subject. However, according to the information available at the Office and according to the initial report of Fiji to the UN Committee on the Rights of the Child (CRC/C/28/Add. 7, 24 September 1996, paragraph 28(h)), there is no conscription into the armed forces and an individual must be at least 18 years of age to be recruited into the army.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Penal Code has extensive provisions prohibiting the procurement and use of young girls and women for prostitution. The Committee recalls that under Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that the Penal Code, prohibits indecent shows and the production or advertisement of obscene materials. The Committee also notes that the Act to amend the Juveniles Act of 1997 imposes specific penalties if a person is convicted for recording pornographic material involving juveniles. The Committee observes however that the Act applies only to juveniles under the age of 17. In this respect, the Committee reminds the Government that the prohibition contemplated in Article 3(b) of the Convention, applies to any child under the age of 18 years. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances under the age of 18.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering a child for the production and trafficking of drugs. The Committee notes that there appears to be no provisions in the Penal Code prohibiting the involvement of children in drug production and trafficking. According to the initial report of Fiji to the UN Committee on the Rights of the Child (CRC/C/28/Add. 7, 24 September 1996, paragraph 274), existing legislation prohibits drug abuse. As indicated in this report, "the Government amended the Dangerous Drugs Act in 1990 to increase penalties for the use, possession and trafficking of marijuana and other drugs". The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of the Dangerous Drugs Act and other relevant legislation.

2. Use, procuring or offering a child for begging. The Committee notes that section 58 of the Juveniles Act, punishes anyone who causes or procures any child (defined as under the age of 14) or, having the custody or care of such a child, allows him to be in any street, premises or place for the purpose of begging. The Committee reminds the Government that the prohibition contemplated in Article 1 read in conjunction with Article 3(c) of the Convention, namely the use, procuring or offering of a child for illicit activities, including for begging, applies to persons under 18 years of age. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 for begging.

Article 3, clause (d) and Article 4, paragraph 1. Determination of hazardous work. The Committee notes that, under the terms of section 61 of the Employment Ordinance, no child (defined as a person under the age of 15) or young person (defined as a person over the age of 15 but under the age of 18) may be employed in any employment which in the opinion of the proper authority is injurious to health, dangerous, or otherwise unsuitable. It notes however that the national legislation does not identify the types of hazardous work pursuant to section 61 of the Employment Ordinance. In this respect, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Consequently, the Committee asks the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. The Committee encourages the Government in determining the types of hazardous work to take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that no decision has been made in this regard. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist.

Article 5. Monitoring mechanisms. 1. Labour Advisory Board. The Committee notes the Government’s indication that the Labour Advisory Board will be the designated mechanism to monitor the implementation of the provisions of the Convention. It also notes that, according to section 3 of the Employment Ordinance, the Labour Advisory Board shall consist of Government officers and representatives of employers and employees and other persons appointed by the Minister. Section 4 further states that the duty of the Board is to consider and advise the Minister upon matters connected with employment and labour and upon any questions referred to the Board by the Minister. The Committee requests the Government to provide further information on the functioning of the Labour Advisory Board, including any extracts of reports and documents relating to children and young persons involved in the worst forms of child labour.

2. Committee for the Elimination of Child Labour. According to the information available at the Office the Government has created a Committee for the Elimination of Child Labour, which includes individuals from the Ministry of Labour, the Ministry of Women, Social Welfare, and Poverty Alleviation, the Fiji police force, and UNICEF, as well as media and employers’ and workers’ organizations. The Committee requests the Government to provide further information on the functioning this Committee.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that there is no existing programme of action as such, "although Government and the social partners and non-governmental organizations and civil societies do oversee their own actions on the elimination of the worst forms of child labour". The Committee reminds the Government that Article 6 of the Convention, requires ratifying member States to take measures to design and implement programmes of action to eliminate, as a priority, the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Fiji.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code establishes sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: the sale of children for the purpose of prostitution; forced labour; procuring girls for prostitution; detaining any woman or girl against her will in a brothel. It also notes that the Act to amend the Juveniles Act, imposes penalties for the offence of production, distribution and trafficking pornographic materials involving juveniles. It further notes that section 99 of the Employment Ordinance provides for dissuasive fines for committing an offence under this Ordinance. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraphs 2(b), (c) and (e) of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to the initial report of Fiji to the UN Committee on the Rights of the Child (CRC/C/28/Add. 7, 24 September 1996, paragraphs 202 and 206), education in Fiji is not compulsory, since compulsory education and free education are seen to go together. Tuition-free education is provided in primary schools for all children aged 6-13. However, while primary school children do not pay tuition fees as such, schools levy fees, the amount of which varies from school to school, such as levies for the construction and maintenance of school buildings, admission and administrative charges, salaries for support staff and some extra-curricular expenses. Primary education is accessible to almost all children in Fiji, but secondary education is less accessible due to the higher costs involved and the geographical distribution of schools. The Government further notes that the current policy is to provide tuition-free education for all children in primary schools with the aim of eventually making education compulsory up to 15 years.

The Committee also notes that, according to the International Confederation of Free Trade Unions (ICFTU) report entitled "Internationally-recognized core labour standards in Fiji" 1997, "there are few studies of child labour as such, but the dropout rate in schools provides a reliable proxy indicator for child labour. This would indicate that some 20-30,000 children are almost certainly engaged in child labour. The financial position and social status of parents and large class sizes are factors which have been identified as accounting for the increase in child labour in Fiji". The Committee expresses concern at the large number of children who do not attend school and may be engaged in the worst forms of child labour. The Committee is of the view that education contributes to eliminating the worst forms of child labour, and it encourages the Government to continue its efforts to ensure access to free primary education to all children in Fiji. It also asks the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. According to the information available at the Office, the use of children in prostitution, mainly in conjunction with sex tourism, appears to be a serious problem in the country. The Committee also notes that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add. 89, 24 June 1998, paragraphs 17 and 25) expressed concern at the insufficient awareness of and lack of information on child abuse, including sexual abuse, at the insufficient legal protection measures and appropriate resources. It also expressed concern at the insufficient rehabilitation measures for ill-treated, sexually abused and economically exploited children as well as their limited access to the justice system. The Committee asks the Government to provide information on the time-bound measures taken to assist for the removal of children from worst forms of child labour such as homeless children working in the area of sex tourism and ensure their rehabilitation and social integration.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee notes that Fiji is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that Fiji ratified the Convention on the Rights of the Child in 1993. It further notes that Fiji is a party to the following international drugs Conventions: Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, Convention on Psychotropic Substances of 1971, and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

2. Regional cooperation. The Committee notes that Fiji recently signed agreements to facilitate mutual assistance in criminal matters with Australia and New Zealand. In accordance with these agreements, a resident of Australia or New Zealand who is charged with a serious offence in Fiji may be prosecuted in his or her country of residence.

Part III of the report form. The Committee notes the Government’s indication that no court decisions involving questions relating directly to the Convention have been given. It encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Parts IV and V of the report form. The Committee notes the Government’s indication that there has not been a case of the worst forms of child labour in the country and that is the main reason for the perceived inaction by the relevant authorities. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Fiji and, in particular, to provide information on the situation with regard to child trafficking and the use of children in sexual exploitation. It encourages the Government to indicate any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.