Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Fiji (Ratification: 1974)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes the adoption of the Crimes Decree No. 44, 2009. The Committee notes that under provisions of the Crimes Decree, sanctions of imprisonment (involving compulsory labour pursuant to section 43(1) of the Prisons and Corrections Act 2006) may be imposed falling within Article 1(a) of the Convention:

-Section 65(2), which provides for sanctions of imprisonment for: (a) making any statement or spreading any report, by any communication whatsoever including electronic communication, or by signs or by visible representation intended by the person to be read or heard, which is likely to: (i) incite dislike or hatred or antagonism of any community; or (ii) promote feelings of enmity or ill-will between different communities, religious groups or classes of the community; or (iii) otherwise prejudices the public peace by creating feelings of communal antagonism; or (b) making any intimidating or threatening statement in relation to a community or religious group other than the person’s own which is likely to arouse fear, alarm, or insecurity among members of that community or religious group;
-Section 67(b, c, d), which provides for sanctions of imprisonment for any person who utters any seditious words; prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or imports any seditious publication.

Referring to paragraph 154 of its 2007 General Survey on the eradication of forced labour, the Committee recalls that the Convention does not prohibit the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, the Committee has considered that sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views or of opposition to the established political, social or economic system. The Committee hopes that the necessary measures will be taken in order to review the above provisions of the Crimes Decree with a view to bringing them into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the abovementioned provisions in practice, supplying copies of any court decisions and indicating the penalties imposed.

Article 1(c) and (d). Penal sanctions involving compulsory labour applicable to seafarers. For many years, the Committee has been referring to section 126 of the Marine Act No. 35, 1986, under which seafarers who, during an international voyage, wilfully and persistently neglect their duties or disobey lawful commands or combine with other seafarers for the same purpose or for impeding the navigation of the vessel, are liable to imprisonment for up to two years (which involves compulsory prison labour). The Committee pointed out that the imposition of penalties involving compulsory labour for breaches of labour discipline or participation in a strike is incompatible with the Convention, except for offences which endanger safety of the vessel or the life or health of persons. It noted the Government’s indications in its earlier report that the Act was undergoing a revision with a view to amending section 126, so as to bring it into conformity with the Convention. However, the Government indicates in its latest report that the Marine Act amendment exercise has been completed without any amendment to section 126. Nevertheless, the Government states in its report that the Marine Act will be reviewed in the context of the Maritime Labour Convention, 2006, and this issue will be reconsidered.

While having noted these indications, the Committee reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Marine Act, either by repealing sanctions involving compulsory labour or by restricting their application to the situations where the ship or the life or health of persons are endangered. The Committee requests the Government to provide in its next report, information on the progress made in this regard.

Article 1(d) of the Convention. Penal sanctions involving compulsory labour for having participated in strikes. In its earlier comments, the Committee has noted, referring also to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that under sections 250 and 256(a) of the Employment Relations Promulgation No. 36 of 2007, organizing and participating in unlawful strikes is punishable with sanctions of imprisonment for a term of up to two years (which involves compulsory prison labour).

The Committee notes the Government’s indication in the report that the Employment Relations Promulgation is currently undergoing a review by the tripartite member representatives. However, no proposal for amending section 250 of the Employment Relations Promulgation has been made in this respect.

The Committee recalls that Article 1(d) prohibits recourse to sanctions involving any form of forced or compulsory labour “as a punishment for having participated in strikes”. The Committee expresses the firm hope that the necessary measures will be taken to amend this section so as to ensure that no penalties involving compulsory labour can be imposed for the mere fact of a peaceful participation in a strike, in order to bring the legislation into conformity with the Convention on this point. It requests the Government to provide, in its next report, information on any progress made in this regard.