Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Fiji (Ratification: 2002)

The Committee recalls that, in June 2019, the Conference Committee on the Application of Standards requested a direct contacts mission (DCM) to Fiji to assess progress made in the implementation of the Convention. The Committee notes that the mission was postponed due to COVID-19 and other factors but finally took place in April and May 2024. The Committee takes note of the conclusions and recommendations of the DCM and refers to these, as well as to the detailed information provided by the Government and the social partners to the DCM, in its comment below.

Trade union rights and civil liberties. In its previous comment, the Committee requested the Government to consider issuing instructions and providing training to ensure that State entities and their officials refrain from anti-union practices. It also firmly expected that any charges against Mr Anthony, the General Secretary of the Fiji Trades Union Congress (FTUC), related to the exercise of his trade union activities would be immediately dropped. The Committee welcomes the Government’s indication that the charges against Mr Anthony were withdrawn by the prosecution. It further welcomes the Government’s commitment to undertake awareness-raising and training with the relevant authorities on the protection of civil liberties, as well as the interest of the police, noted by the DCM, to participate in training to ensure respect for freedom of association, assembly and speech. The Committee notes in this regard that the DCM recalled that training modules for law enforcement had already been developed and could be introduced into broader human rights trainings. In view of the commitment expressed, the Committee encourages the Government to take the necessary measures to ensure that regular training, adapted to their needs, is provided to the police and the armed forces to ensure that State officials fully respect basic civil liberties and fundamental labour rights of workers and employers, including during demonstrations. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this regard.

Appointment of members to and the functioning of the Employment Relations Advisory Board (ERAB) to review labour legislation. In its previous comment, the Committee expressed its expectation that members of the ERAB would be nominated and appointed without delay and without the Government’s interference. The Committee notes with satisfaction the Government’s indication that members of the reconstituted ERAB were appointed in January 2023 in equal representation from the Government, workers and employers. The Committee further welcomes the observations of the DCM that the ERAB was fully functional and that the social partners were given full independence in designating their representatives.

Progress on the review of labour legislation as agreed in the Joint Implementation Report (JIR). In its previous comment, the Committee urged the Government to take all necessary measures to continue to review the labour legislation within the reconvened ERAB, as agreed in the JIR and the September 2020 Plan of Action (elaborated with the ILO Country Office). The Committee welcomes the Government’s indication that in February 2023, the ERAB tripartite sub-committee was formed and started to review the Employment Relations Act (ERA) matrix. It further welcomes the details provided by the Government on the revision process, including the sharing of documents and numerous consultations with the FTUC and the Fiji Commerce and Employers’ Federation (FCEF) between April 2023 and November 2024. The Committee notes, in particular, the October–November 2024 tripartite roundtable meetings, which the Government indicates addressed the concerns raised by the employers in relation to the draft amendments. The Government further informs that the amendments, drafted with the assistance of the ILO, will also be available for national consultation to obtain the views of the population before being submitted to the Cabinet and the Parliament. Welcoming the Government’s and the social partners’ support for the proposed labour law reform, the Committee trusts that the revision of the ERA will be concluded without delay and will meaningfully address all outstanding matters, taking into account the Committee’s comments below. The Committee requests the Government to provide updated information on the progress made following public consultations and submission to Parliament and to transmit the final version of the amended law once adopted.

Article 2 of the Convention. Right of workers to establish and join organizations of their own choosing. The Committee had previously noted that the following issues were still pending: denial of the right to organize to prison guards (section 3(2) of the ERA); and excessively wide discretionary power of the Registrar in deciding after consultation whether or not a union meets the conditions for registration (section 125(1)(a) of the ERA). While noting that the Government does not elaborate on the review of the Registrar’s discretionary powers, the Committee welcomes the information provided to the DCM that the issue of the right to organize of prison guards will be addressed in the ongoing labour law reform. The Committee trusts that both of these pending issues will be properly addressed in the labour law review, taking into account the Committee’s comments, and requests the Government to provide updated information in this regard.

Article 3. Right of organizations to elect their representatives in full freedom, organize their activities and formulate their programmes. Essential services. The Committee previously recalled that, through the inclusion in the ERA of the Essential National Industries (Employment) Decree, 2011 (ENID), the list of industries in which strikes could be prohibited included those that did not fall within the definition of essential services in the strict sense of the term (section 185 of the ERA). The Committee therefore urged the Government to meaningfully engage with the social partners to review the list of essential services, as agreed in the JIR and the October 2019 and the September 2020 action plans, so as to restrict limitations on the right to strike to essential services in the strict sense of the term and public servants exercising authority in the name of the State. The Committee notes the adoption of the Employment Relations (Amendment) Act, 2023 and notes with satisfaction the Government’s indication that it approved the repeal of the ENID, thus reverting the list of essential services in section 185 of the ERA back to the services set out in its Schedule 7, which the Committee previously considered were defined in line with the Convention. The Government also informs of amendments to section 188(4) of the ERA to extend the time frame for reporting employment grievances from 21 days (under the ENID) to six months. The Committee further notes that, according to section 185, as amended in 2023, additional services and industries listed in the provision (the Government, statutory authorities, local, city and town authorities, public enterprises and workers in managerial positions) may be designated as essential after the date of commencement of the amending legislation. The Committee observes that, other than public servants exercising authority in the name of the State, the services listed would not appear to fall within the definition of essential services in the strict sense of the term. In view of the above, the Committee requests the Government to provide further information on the manner in which the services cited in section 185 may be declared as essential services and whether any services have been considered as such. The Committee trusts that the above amendment of the ERA and any further amendments within the ongoing labour law review will contribute to ensuring that the exercise of the right to strike can only be restricted in essential services in the strict sense of the term.

For a number of years, the Committee has been requesting the Government to take measures to review numerous provisions of the ERA which raise issues of compatibility with the Convention: obligation of union officials to be employees of the relevant industry, trade or occupation for a period of not less than three months (section 127(a)); prohibition of non-citizens to be trade union officers (section 127(d)); interference in union by-laws (section 184); excessive power of the Registrar to request detailed and certified accounts from the treasurer at any time (section 128(3)); provisions likely to impede industrial action (sections 175(3)(b) and 180); compulsory arbitration (sections 169, 170, 181(c) and new section 191BS (formerly 191(1)(c)); penalty in the form of a fine in case of staging an unlawful but peaceful strike (sections 250 and 256(a)); provisions likely to impede industrial action (section 191BN); penalty of imprisonment in case of staging a (unlawful or possibly even lawful) peaceful strike in services qualified as essential (sections 191BQ(1), 256(a), 179 and 191BM); excessively wide discretionary powers of the Minister with respect to the appointment and removal of members of the Arbitration Court and appointment of mediators, calling into question the impartiality of the dispute settlement bodies (sections 191D, 191E, 191G and 191Y); and compulsory arbitration in services qualified as essential (sections 191Q, 191R, 191S, 191T and 191AA). Welcoming the Government’s indication, both to this Committee and to the DCM, that all of these issues have been considered in the labour law review, the Committee expects all the pending issues to be adequately addressed, in line with its comments, so as to ensure full compatibility of the law with the Convention.

Public Order (Amendment) Decree (POAD). In view of the concerns reported by trade unions that section 8 of the POAD was being used to interfere in, prevent and frustrate trade union meetings and assemblies, the Committee previously urged the Government to take the necessary measures to bring section 8 of the POAD into line with the Convention. The Committee notes that the Government informs about correspondence between the Office of the Prime Minister, in charge of the POAD, and the Ministry of Employment, Productivity & Workplace Relations to address the issues that impede on the right of assembly. It adds that, recently, a number of industrial actions were undertaken by various unions without Government interference and workers were able to meet freely to organize unions and discuss employment issues. While further noting that similar assurances were provided to the DCM, indicating that the POAD has already been repealed in practice while awaiting formal amendment, the Committee notes that a concern was brought to the attention of the DCM that unionists often face challenges when applying for permits to hold public demonstrations. The FTUC further indicates that it expects consequential changes to the POAD as part of the review. The Committee therefore expects that amendments to section 8 of the POAD will be rapidly adopted, in line with the Convention, and will contribute to ensuring that the right to assembly may be freely exercised, both in law and in practice.

Political Parties Decree. The Committee previously requested the Government to take measures to amend section 14 of the 2013 Political Parties Decree and sections 113(2) and 115(1) of the Electoral Decree, in consultation with the representative national workers’ and employers’ organizations, in view of the concerns raised about the restrictive effect of the provisions on legitimate trade union activities (a strict ban on any political membership, campaign or activity, including expressing support or opposition to a political party). The Committee notes the Government’s indication that it acknowledges the need to amend various sections of the Decree to remove restrictions on trade union representatives from participating in political activities, that the Fiji Law Reform Commission is currently reviewing the Decree and that consultations will take place with various stakeholders to this effect. The Committee also notes from the DCM report that some constitutional issues were raised in respect of the amendment of the law and that a pending case before the Supreme Court may shed some clarity on this issue. The Committee requests the Government to provide information on progress made in the review of the Political Parties Decree and trusts that, despite the challenges, the law will be amended to ensure that it does not impede the exercise of legitimate trade union activities.

Article 4. Dissolution and suspension of organizations by administrative authority. In its previous comment, the Committee noted the suspension and cancellation of several trade unions for failing to submit their annual audited reports, as well as the concerns of the International Trade Union Confederation that such measures represent a clear attempt at quashing independent trade unions. While having taken note of the steps taken by the Registrar before suspending or cancelling union registration, it requested the Government to consider, in consultation with the most representative organizations, any measures that would be appropriate to ensure that the procedures are, both in law and in practice, in full accordance with the guarantees set out in the Convention. The Committee notes that, according to the Government, the Registrar ensures that unions do not manipulate their members or abuse their funds and that any suspension or cancellation of union registration is done in line with the ERA, following due process to ensure rectification and avoid suspension or cancellation. The FTUC also indicates that the Registrar does not intervene in union affairs. Taking note of the above and observing that no further concerns were raised in this regard, the Committee trusts that, in the current atmosphere of genuine social dialogue noted by the DCM, suspension or cancellation of trade union registration will not be used as a means to oppress trade unions.