Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first and second reports on the application of the Convention. The Government’s attention is drawn to a number of issues and requests for further information, as set out below.

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 38 of the Constitution does not refer to all the prohibited grounds listed in Article 1 (1)(a) of the Convention. It therefore hopes that the Industrial Relations Bill will soon be enacted into law and that its provisions on non-discrimination and equal opportunities will be fully in accordance with the Convention, prohibiting discrimination on all the grounds covered by the Convention. In this regard, the Committee notes that the draft Industrial Relations Bill handed over to the ILO in June 2004, contains different sets of prohibited grounds in sections 6 and 79, and urges the Government to harmonize these provisions. The Committee strongly recommends that both sections use the same terminology and refer to all grounds listed in the Convention.

2. Article 1(3). Access to education and training. The Committee notes that under article 39 of the Constitution everyone has the right to equal access to educational institutions. Section 9(1) of the Education (Establishment and Registration of Schools) Regulations, 1966, provides that while a registered or recognized school may, when selecting pupils for admission, give preference to pupils of a particular race or creed, no pupil shall be denied admission solely on grounds of race or religion. The Government is requested to provide information on the application of these provisions in practice. Please also provide statistical information on the number of schools applying race or creed as admission requirement and the number of pupils enrolled in these schools.

3. Article 2. Equality of opportunity and treatment irrespective of race and sex. The Committee notes that article 44 of the Constitution authorizes Parliament to enact legislation providing for affirmative action in favour of disadvantaged groups in areas such as education and training, as well as participation in business and employment in state services. In this regard, the Committee notes from the progress report on implementation of affirmative action programmes under the Social Justice Act 2002-03 submitted by the Government to Parliament in 2004, that a number of government agencies have established programmes to promote the training and employment of the indigenous Fijian population. The programmes, to some extent also benefited Fijians of Indian origin and ethnic minority groups. The Committee requests the Government to provide:

(a)  information on the implementation and impact of affirmative action measures taken on the basis of race and ethnicity, including the measures taken to strengthen the process of reporting and monitoring under the Social Justice Act as announced in the abovementioned 2002-03 implementation report;

(b)  upcoming reports of the Government to Parliament on the implementation of affirmative action measures; and

(c)  statistical information on the present levels of participation of the different ethnic groups of the population, disaggregated by sex, in vocational training and both private and public employment.

4. The Committee further notes that under article 44(3) of the Constitution and section 21 of the Human Rights Commission Act, private employers can carry out programmes designed to achieve, for any groups or categories of persons who are disadvantaged, effective equality of access to employment. The Government is requested to provide in its next report information on the application of these provisions in practice, providing examples of affirmative action measures taken by the private sector.

5. With regard to gender equality, the Committee requests the Government to provide information on the current position of men and women in the labour market, including in the informal economy. Please indicate any 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".

6. Article 3(a). Cooperation with workers’ and employers’ organizations and other appropriate bodies. The Committee requests the Government to provide in its next report information on the measures taken to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies, in promoting the acceptance and observance of the Convention’s principle. Please indicate any consultations with the social partners in relation to affirmative action measures, and their outcomes.

7. Article 3(d). Application of the Convention in the public service. The Committee notes that the military force, police force and the prison services are excluded from the application of the Employment Act and that this exclusion is maintained in the Industrial Relations Bill. It also notes the concerns raised by the Committee on the Elimination of Racial Discrimination with regard to the participation of Indo-Fijians and members of ethnic minorities in the army, the police, the prison service, and the public service more generally (Concluding Observations of 21 March 2003, CERD/C/62/CO3, paragraph 18). In the absence of information in the Government’s report on the application of the Convention in the public service, the Committee requests the Government:

(a)  to provide information on the practical measures taken to promote equal access of men and women from all ethnic groups to the public service and any progress made in this regard, including in respect to the military force, the police, and the prison service; and

(b)  to consider extending the legal protection from discrimination envisaged under the Industrial Relations Bill to the military force, the police, and the prison service.

8. Parts III and IV of the report form. Judicial and administrative decisions. The Government is requested to provide any decision by the competent judicial or administrative authorities, including the Human Rights Commission in regard to equality of opportunity and treatment in employment and occupation.