Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative prohibition of discrimination. Promotion and enforcement measures. In its previous comments, the Committee noted the adoption of the Employment Relations Promulgation of 2007 which explicitly prohibits direct and indirect discrimination in employment and occupation and covers the prohibited grounds explicitly listed in Article 1(1)(a) of the Convention, as well as a number of additional grounds, as envisaged under Article 1(1)(b). In its 2008 report, the Government indicates that intensive training and awareness-raising activities on the implementation of the discrimination and equal opportunities provisions of the Promulgation had been provided both in the public and the private sectors for the past two years. The Government further reports that the implementation of the new provisions is being monitored with a view to assessing compliance. The Committee also notes that, according to the report supplied by the Government in 2009, there has been no tribunal or court ruling or decision involving issues relating to the application of the Convention. Noting that the Employment Relations Promulgation has been in effect since 2 April 2008 and that a grace period of six months was granted to employers, the Committee requests the Government to provide information on any obstacles faced in the implementation of the equality provisions of the Promulgation in practice and on concrete monitoring and enforcement activities carried out by the Ministry for Labour, Industrial Relations and Employment and, in particular, the Labour Inspectorate Division, and their findings. Please also provide relevant extracts of inspection reports and of any court decisions dealing with discrimination on any of the grounds prohibited by the Employment Relations Promulgation of 2007.

Discrimination based on HIV/AIDS status. In its previous comments, the Committee noted the adoption of the 2007 National Code of Practice for HIV/AIDS in the Workplace and requested information on the measures taken or envisaged to promote equal employment opportunities for men and women living with HIV/AIDS and on the implementation of the National Code of Practice and the relevant provisions of the Employment Relations Promulgation. The Committee notes that the Government indicates in its 2008 report that it had been conducting intensive awareness raising on the Code of Practice for the last two years. The Committee requests the Government to provide specific information on awareness-raising activities undertaken, indicating in particular the manner in which workers’ and employers’ organizations are involved in such activities, and on any specific measure taken with a view to promoting equal employment opportunities for men and women living with HIV/AIDS. Also noting that two cases of discrimination based on HIV/AIDS status were received and settled by arbitration and informal mediation, the Committee requests the Government to continue providing information on the manner in which the enforcement of the non-discrimination provisions of the Employment Relations Promulgation is ensured.

Gender equality. The Committee notes that, according to the 2007 census, the participation of men in the labour force is significantly higher than the participation of women – which has remained unchanged since 1996 – and that a significant proportion of the employed women are subsistence workers. Furthermore, in 2007, the unemployment rate of women was about twice as high as the unemployment rate of men. Noting that the Government has not replied to its previous request for information on the concrete measures taken by the competent authorities to promote gender equality in employment and occupation and to follow up on the work-related aspects of the Women’s Plan of Action 1999–2008 and the recommendations established by the 1997 ILO study entitled “Towards equality and protection for women in the formal sector”, the Committee requests the Government once again to provide this information in its next report. The Committee further requests the Government to indicate any measures taken or envisaged to promote the employment of women both in the private and the public sectors, including through the development of training opportunities to enable them to access a larger range of jobs and occupations.

The Committee notes from the Report on the State of the Nation and the Economy (SNE Report) that the National Council for Building a Better Fiji (NCBBF) recommends that greater participation of women in decision-making should be ensured through the reservation of 30 per cent of seats at all levels in decision-making bodies, including Parliament. The Committee requests the Government to provide information on any measures taken to give effect to the recommendation of the NCBBF and their results.

Affirmative action. In reply to the Committee’s previous request for information on affirmative action measures taken by the Government in favour of disadvantaged ethnic groups, the Government states in its 2008 report that affirmative action had been suspended since 2007 pending review under Fiji’s Constitution. The Committee notes that, according to the NCBBF, there is a need to design affirmative action programmes that are effective, transparent and meet the needs of the genuinely disadvantaged communities and specifies that affirmative action policies should ensure greater representation of women and adequate representation of different ethnic groups in the military. The Committee requests the Government to provide information on affirmative action measures taken or envisaged to promote equal opportunities for disadvantaged ethnic groups as regards access to employment and occupation, including education and vocational training.

Employment under the control of a public authority. In reply to the Committee’s request for information regarding any specific measures taken to promote equality in the public sector, the Government indicates that the current practice is that all Fiji nationals are afforded equal opportunities based on merit to enter the civil service. The Committee notes from the Peoples Charter and the SNE Report that public sector reform, including a Human Resource Development Plan, is to be implemented in the very near future. The Committee requests the Government to provide information on concrete measures taken to address equality of opportunity and treatment of men and women from all ethnic groups in employment in the public sector in the framework of the envisaged reform of the public sector, and on measures taken to ensure that the public service provides a working environment that is free from discrimination, in accordance with section 4(6) of the Public Service Act 1999. Please also provide information on the implementation of the envisaged reform of the public sector, as well as up-to-date statistics on the number of men and women employed in the public sector in different posts, by grade and, if possible, remuneration level.

Cooperation with workers’ and employers’ organizations. The Committee notes that, according to the Government’s report, the social partners are committed to the full implementation of the Employment Relations Promulgation through their participation in the work of the Employment Relations Advisory Board that advises the Minister on employment and labour matters. The Committee requests the Government to provide information on the activities of the Employment Relations Advisory Board specifically concerning discrimination and equal opportunity and treatment in employment and occupation. Please also provide information on any other measures taken by employers’ and workers’ organizations on these issues.