Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in its report for the period ending June 1989. The Committee has also taken note of the Constitution of 25 July 1990 which provides for the protection of fundamental rights and freedoms of the individual, in particular, freedom from slavery and forced labour.

1. Referring to its previous direct request as well as to section 155 of the Constitution relating to resignation by persons appointed to a public office, the Committee would appreciate information on the freedom of persons to leave the service of the State on their own initiative at specified intervals or by giving notice, including copies of laws and regulations governing the terms of employment of persons in the service of the State.

The Committee has noted the information provided by the Government concerning resignation and discharge of officers and soldiers from the armed forces.

2. The Committee notes that under section 100 of the Constitution, Parliament shall make provision for the application of laws, including customary laws, having particular regard to customs, traditions, usages, values and aspirations of the Fijian people; Fijian customary law shall have effect as part of the laws of Fiji, if not inconsistent with the Constitution or a statute or repugnant to the general principles of humanity. The Committee requests the Government to supply information on any customary law requiring persons to engage in certain circumstances in the cultivation of land or in the service of authorities or the community.