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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Fiji (Ratification: 2002)

Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2011 and the resulting conclusions of the Conference Committee. The Committee notes that the Conference Committee, while noting that the People’s Charter for Change, Peace and Progress provided a good basis for further action to promote equality of opportunity and treatment in employment and occupation, urged the Government to ensure that the principles contained therein were translated into concrete action and called upon the Government: (i) to amend or repeal all racially discriminatory laws and regulations, including the Education (Establishment and Registration of Schools) Regulations, 1966; (ii) to effectively address discriminatory practices; (iii) to ensure equality in employment, training and education for all persons of all ethnic groups. The Conference Committee urged the Government to provide detailed information on the concrete action taken to implement the People’s Charter and the National Sexual Harassment Policy, and the results secured by such action, in the public and private sectors. It also urged the Government to take such measures in consultation with the social partners. The Conference Committee noted concerns regarding the difficulty in exercising the right to freedom of association in the country, and called upon the Government to establish the conditions necessary for genuine tripartite dialogue, with the assistance of the ILO, with a view to addressing the issues related to the implementation of the Convention.

Noting the Government’s indication that an anti-discrimination law was to be adopted, the Conference Committee asked the Government to provide information regarding this law. It also asked the Government to take concrete measures to promote gender equality in the public and private sectors, given the low labour force participation of women and their high unemployment levels. With respect to the exclusion of government employees, including teachers, from the scope of Employment Relations Promulgation No. 37 of 2007 further to its amendment by the Employment Relations (Amendment) Decree 2011 (Decree No. 21 of 2011) and thus from its non-discrimination provisions, the Conference Committee urged the Government to ensure that government employees had the same rights to non discrimination and equality in employment and occupation as other workers covered by the Employment Relations Promulgation, and had access to competent judicial bodies to claim their rights and to adequate remedies. The Conference Committee asked in particular that the impact of Decree No. 21 be reviewed in this context. The Committee notes that the Government’s report has not been received, and thus there is no reply to the conclusions of the Conference Committee. The Committee asks the Government to provide information regarding the issues raised by the Conference Committee.

In addition, as the Government’s report has not been received, the Committee must therefore repeat its previous observation which read as follows:

National policy to promote equality of opportunity and treatment. The Committee notes with interest the adoption on 15 December 2008 by the National Council for Building a Better Fiji (NCBBF) of the Peoples Charter for Change, Peace and Progress, which aims to build a society based on equality of opportunity for all Fiji citizens and on peace. The Charter, which was drafted on the basis of the findings and recommendations contained in the Report on the State of the Nation and the Economy (SNE Report) and after consultations held throughout the country, proclaims that equality and dignity of all citizens, respect for the diverse cultural, religious and philosophical beliefs, social and economic justice, equitable access to the benefits of development, and merit-based equality of opportunities for all shall be leading principles and aspirations. The Charter also sets out key measures and actions to be taken, such as the promulgation of an Anti-Discrimination Act, the development of education, vocational training and job placement, the promotion of multicultural education and the gradual phasing out of institutional names that denote racial affiliations, and the elimination of racial and inappropriate categorization and profiling in government records and registers. Other measures also include the increase of the participation of women at all levels of decision-making, the enactment of a code of conduct for public servants and persons who hold statutory appointments, the reform of the public sector, including the removal of any political interference and the compulsory training of civil servants, the development of cooperation between the Government and the private sector, and the introduction of a national minimum wage. The Charter also contains specific measures concerning indigenous peoples and their institutions. In this respect, the Committee notes that the NCBBF made a number of recommendations in the SNE Report, such as the need to promulgate legislation prohibiting discrimination based on race, religion and sexual orientation, as well as legislation protecting the rights of minority ethnic groups (Indians, Pacific Islanders, Chinese, European and landless Fijians), especially with the view to improving access to land. The Committee requests the Government to provide information on the implementation of the measures envisaged in the Peoples Charter for Change, Peace and Progress to prohibit and eliminate discrimination, in particular racial discrimination, and to promote equal opportunities for all in relation to access to education, vocational training and employment in both the private and the public sectors.

Sexual harassment. The Committee notes with interest the adoption by the Government of the 2008 National Policy on Sexual Harassment in the Workplace, which was developed in consultation with the tripartite social partners. It notes in particular that the Policy provides for a definition of sexual harassment and a list of acts that constitute sexual harassment, and establishes the employer’s responsibilities: every employer must have an internal written policy and a grievance procedure on sexual harassment at the workplace, which are to be developed by both staff and managers (paragraph 5.1). The Committee further notes that the Policy highlights the consequences of sexual harassment not only for the victim but also for the entire staff and the enterprise itself and describes the complaint mechanisms available under the Human Rights Commission Act 1999, section 154 of the Penal Code and Part 13 of the Employment Relations Promulgation 2007. The Committee requests the Government to provide information on the manner in which the 2008 National Policy on Sexual Harassment is implemented at the workplace level, indicating in particular any internal written policies adopted and grievance procedures put in place and any preventive measures taken by employers. The Committee further requests the Government to provide information on cases of sexual harassment identified by or referred to the labour inspectorate or any disputes concerning sexual harassment brought before the competent bodies, either under the Human Rights Commission Act 1999, section 154 of the Penal Code or Part 13 of the Employment Relations Promulgation 2007.

Equal access to education and training. The Committee notes that the People’s Charter for Change, Peace and Progress contains numerous proposed measures to ensure access to education for all, including the establishment of a statutory body for community and non-formal learning, the strengthening of early childhood education – especially in rural areas – the enhancement of skills and vocational training and the promotion of entrepreneurship training, the facilitation of job placement in partnership with the private sector and the introduction of a grant system. The Committee further notes that the SNE Report emphasizes the need for the education system to include the teaching and understanding of various cultural groups in order to foster unity and to develop an inclusive based education system.

The Committee understands from the information in the SNE Report and the provisions of the People’s Charter that the education system will undergo an extensive reform. As a consequence, the Committee requests the Government to clarify whether the system established under the Education (Establishment and Registration of Schools) Regulations, 1966, providing that in the admission process preference may be given to pupils of a particular race or creed, will still be in force. If so, the Committee reiterates its previous request for information on the application of these provisions in practice and for statistical information on the number of schools applying race or creed as an admission requirement as well as the number of pupils enrolled in these schools. Please also provide information on the implementation of the reform of the educational system, in particular on the measures taken to ensure the equal access of boys and girls, men and women from all ethnic groups to education and vocational training and their results.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.