Forced Labour Convention, 1930 (No. 29) - Fiji (Ratification: 1974)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Action plan and law enforcement. In its previous comments, the Committee took note of the measures taken by the Government to strengthen the capacities of law enforcement bodies to investigate cases of trafficking in persons, and of the measures designed to protect and rehabilitate the victims. The Committee requested the Government to continue its efforts to ensure that investigations and prosecutions against perpetrators of trafficking are carried out on the basis of sections 112 and 113 of the Crimes Decree 2009 and to facilitate access to immediate assistance to the victims.

The Government indicates in its report that in January 2020, the Fijian Cabinet endorsed the National Anti-Human Trafficking Strategy and Action Plan. The Committee notes with interest that they include measures relating to the identification of victims and referral procedures, as well as the establishment of a case management mechanism to oversee the progression of referrals of trafficking cases and ensure that they take their course from reporting to prosecution. In addition, the Ministry is developing a centralized database to collect data pertaining to human trafficking. The Government also indicates that it has increased the number of officers assigned to the Police Anti-Trafficking Unit, conducted trainings, and launched the project called “Empowering Fijian Civil Society in Countering Trafficking in Human Beings”, with the support of the International Organization for Migration. The Committee observes that, in its 2018 concluding observations, the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) referred to the low prosecution and conviction rates in trafficking cases, despite the high number of reported victims (CEDAW/C/FJI/CO/5 paragraph 31).

The Committee take notes of the measures taken which bear witness to the Government’s commitment to combat trafficking in persons and encourages the Government to continue taking measures to prevent trafficking in persons and ensure that investigations and prosecutions are carried out against perpetrators. In this regard, the Committee requests the Government to provide information on the measures taken within the framework of the National Anti-Human Trafficking Strategy and Action Plan, including information on the functioning of the case management mechanism, and the results achieved. Finally, the Committee requests the Government to provide updated information on the number of investigations, prosecutions, convictions and the penalties imposed with regard to trafficking in persons under sections 112 and 113 of the Crimes Decree 2009.

Protection of victims. The Committee notes the Government’s indication in its report that the Office of the Director of Public Prosecutions, the Immigration Department and the Fiji Police Anti-Human Trafficking Taskforce work together to provide in-house and cross-departmental victim support once the police has arrested the traffickers. Victims of human trafficking also receive counselling and other support services. The Committee notes that, in its 2018 concluding observations, the CEDAW noted deficiencies in the process of identification of victims of trafficking, in particular in the case of women in prostitution, foreign workers in spas and vessel crewmembers who transit through the country (CEDAW/C/FJI/CO/5 paragraph 31). The Committee requests the Government to provide detailed information on the measures taken to identify and provide assistance to victims of human trafficking, for both labour and sexual exploitation, and to support their rehabilitation and social reintegration. Please provide information on the number of victims who have received assistance through the implemented measures.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. The Committee previously noted the Government’s indication that, since 2011, the Anti-Trafficking Unit had investigated and prosecuted a number of cases. The Unit had also carried out training activities in order to strengthen the capacity of police officers to identify and investigate cases of trafficking in persons. The Committee also noted that, in the case State v. Phanati Laojindamanee, Lum Bing, Zang Yong & Jason Zhong (HAC 323 of 2012), the High Court considered a number of elements as aggravating circumstances that increased the risk of victims to being subjected to exploitation. The accused were convicted under sections 106, 112(5), 113(1)(a)(i), and 115(3) of the Crimes Decree and the sanctions imposed ranged from eight to ten years’ imprisonment.

The Committee notes the Government’s information in its report that the Anti-Trafficking Unit has coordinated training programmes for law enforcement and inter-agency cooperation, as well as specialized training courses for trainers of investigators. The Committee also notes that the Unit has prosecuted four cases of human trafficking through the Office of the Director of Public Prosecution. In three cases, perpetrators were successfully convicted and received sanctions of up to 16 years’ imprisonment. Moreover, seven cases are currently under investigation. The Committee further notes that victims of human trafficking are provided with shelter through the partnership between the Unit and the Department of Social Welfare, the Immigration Bureau and a Non-Governmental Organization for women. Additionally, counselling services are provided by the Department of Social Welfare, and the victim rehabilitation and reintegration programme is managed by the Department of Social Welfare and an NGO. The Committee therefore requests the Government to continue its efforts to ensure that thorough investigations and prosecutions are carried out against perpetrators of trafficking in persons, and to provide information on the number of investigations and prosecutions carried out, and the specific penalties applied. The Committee also requests the Government to continue providing detailed information on the measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and effective remedies.

2. National plan of action. The Committee previously noted that a National Action Plan (NAP) for the Eradication of Human Trafficking, led by the Immigration Department, was adopted in February 2011. The Government also indicated that, as part of its increased efforts to address trafficking in persons, the Anti-Trafficking Unit was implementing awareness-raising initiatives on the negative impact of trafficking targeted at the general public, including in schools.

The Committee notes the Government’s information that the NAP for the Eradication of Human Trafficking has not been fully implemented. The Committee also notes the Government’s indication that the Anti-Trafficking Unit continues to implement community and school based awareness campaigns, and has organized activities to reach out to people in both rural and urban areas in partnership with other government departments, UN agencies and civil society. The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the NAP for the Eradication of Human Trafficking, and to provide information on any progress made or results achieved in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. (a) Law enforcement and penalties. The Committee previously noted the adoption of the Crimes Decree, No. 44 of 2009, which contains provisions punishing trafficking in persons, and requested information on its implementation in practice. The Committee notes the copy of two court decisions annexed to the Government’s report. It also notes the Government’s indication that a case involving two iTaukei individuals accused of internal trafficking is pending trial.

The Committee further notes that, in the case State v. Phanati Laojindamanee, Lum Bing, Zang Yong & Jason Zhong (HAC 323 of 2012), the High Court considered a number of elements as aggravating circumstances that increase the risk of victims to being subjected to exploitation. In particular, the High Court highlighted their vulnerability due to a limited knowledge of the language and customs of the destination country; the fact that victims were provided with isolated and substandard accommodation; and the fact that victims were forced into prostitution, against their will. The accused were convicted under sections 106, 112(5), 113(1)(a)(i), and 115(3) of the Crimes Decree and the sanctions imposed ranged from eight to ten years’ imprisonment.

The Committee notes the Government’s general indication that, since 2011, the Anti-Trafficking Unit has investigated and prosecuted a number of cases. According to the Government, the Unit has also carried out training activities in order to strengthen the capacity of police officers to identify and investigate cases of trafficking in persons. The Committee requests the Government to pursue its efforts to ensure that thorough investigations and prosecutions are carried out against perpetrators of trafficking in persons, including internal trafficking. It requests the Government to continue to provide detailed information on the measures taken to this end, as well as on the number of investigations and prosecutions carried out, and the specific penalties applied. Please also provide information on the measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and effective remedies.

(b) National plan of action. The Committee notes the Government’s statement that a National Action Plan for the Eradication of Human Trafficking, led by the Immigration Department, was adopted in February 2011. The Government also indicates that, as part of its increased efforts to address trafficking in persons, the Anti-Trafficking Unit is implementing awareness-raising initiatives on the negative impact of trafficking targeted at the general public, including in schools. The Committee requests the Government to provide information on the application in practice of the National Action Plan for the Eradication of Human Trafficking, indicating whether the objectives set have been achieved and whether an evaluation has been undertaken in order to assess the impact of the measures adopted. Please also provide detailed information on the measures taken by the Anti-Trafficking Unit to prevent trafficking in persons, and the results achieved.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee has noted the adoption of the Crimes Decree No. 44 of 2009, which contains provisions punishing trafficking in persons (sections 112–113). The Committee would appreciate it if the Government would provide, in its next report, information on the application of these provisions in practice, including information on the legal proceedings which have been instituted against perpetrators and indicating the penalties imposed. The Committee also requests information on any other measures taken or envisaged to combat trafficking in persons, such as, information on the activities of the Transnational Crimes Unit of the Fiji police, set up to investigate the trafficking in persons, and supply copies of relevant reports, studies and other documents, including any available statistics. Please supply information on any existing or envisaged international cooperation agreements with a view to strengthening law enforcement in this area.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.

1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government’s report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government’s next report, as well as a copy of any other legislation applicable to the Fiji civil service.

2. The Committee noted the Government’s indication that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government’s assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.

3. Referring to the general observation on the Convention published in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)and how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.

1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government’s report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government’s next report.

2. The Committee noted the Government’s indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government’s assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.

3. Referring to the general observation on the Convention published in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)and how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government’s report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government’s next report.

2. The Committee noted the Government’s indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government’s assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.

3. Referring to the general observation on the Convention published in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

1.  The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government’s report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government’s next report.

2.  The Committee noted the Government’s indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government’s assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.

3.  Referring to the general observation on the Convention published in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous comments: 1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government's report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government's next report. 2. The Committee noted the Government's indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government's assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization. 3. Referring to the general observation on the Convention published in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government's report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government's next report.

2. The Committee noted the Government's indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee took due note of the Government's assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with interest the information supplied by the Government in answer to its previous direct request.

1. The 1993 edition of the General Orders applicable to the Fiji civil service, a copy of which is stated in the Government's report to be enclosed for information and reference, appears not to have been received by the Office. The Committee would appreciate it if another copy could be sent with the Government's next report.

2. The Committee notes the Government's indication in its report that the Fijian customary laws have not been coded and will remain so for some time, that colonial regulations making a rigorous application of the concept of "lala", a form of community labour, have been abolished since the 1967 reorganization of the Fijian administration and that, following a further review of the Fijian administration in 1985, the drafting of new regulations is still in progress but is unlikely to take up the element of forced labour in its final provisions. The Committee takes due note of the Government's assurance that if there is some chance of its reintroduction, the Government will seek the sanction of the International Labour Organization.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee has noted the General Orders for the Civil Service of Fiji, a copy of which was provided by the Government with its report for the period ending June 1991 and in particular Order No. 221 governing resignation of officers in the civil service.

2. In its previous comments the Committee requested 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. The Committee notes the Fijian Affairs Act, Cap 120 and the Native Lands Act, Cap 133, a copy of which was sent by the Government. The Committee also notes the Government's indication in its report that details of Fijian customary laws were not yet codified. The Committee hopes that the Government will be in a position to provide information in this regard with its next report as well as copies of any relevant legislation enacted in this matter.

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.