Violence and Harassment Convention, 2019 (No. 190) - Fiji (Ratification: 2020)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the Government’s first report.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes that the Government refers to various provisions of the legal framework that address violence and harassment, including: (i) section 11(2) of the Constitution, which prohibits any form of violence including in the workplace; and (ii) sections 4, 76 and 254 of the Employment Relations Act 2007 (ERA), which relate to sexual harassment and to certain acts of intimidation; sections 9 and 10 of the Health and Safety at Work Act 1996 (HASAWA), which place a general duty of care on employers to ensure the health and safety of workers and other persons that may be exposed to risks while at the workplace; the Crimes Act 2009, which provides sanctions for some forms of harassment, violent crimes and for rape; section 19 of the Human Rights and Anti-Discrimination Commission Act 2009 (HRADCA), which treats harassment, including sexual harassment, as an unfair discrimination; and sections 2, 24 and 25 of the Online Safety Act 2018, which prohibits causing harm by posting an electronic communication and posting an intimate visual recording. The Committee notes that both the ERA and the HASAWA apply to workers in the informal economy, noting that the latter does not cover domestic workers. It also notes that none of these legal texts contain a definition and a prohibition of violence and harassment in the world of work. It also notes that amendments to the ERA are currently under consideration by Parliament (Bill No. 27 of 2025). While the Bill provides for amendments to strengthen the legislative protection against sexual harassment, it does not contain a definition and a prohibition of violence and harassment in the world of work, including gender-based violence and harassment. The Committee recalls that, according to Articles 1, 4(2) and 7 of the Convention, ratifying Members shall adopt laws and regulations to define and prohibit violence and harassment in the world of work, including gender-based violence and harassment. The Committee requests the Government to take the necessary measures to give effect to these provisions of the Convention and to provide information in this regard.

Article 4(2). Inclusive, integrated and gender-responsive approach. The Committee notes that, in addition to the above-mentioned legislative framework, the Government refers to various national policies addressing violence and harassment in the world of work: (i) the National Gender Policy 2014; (ii) the National Policy on Sexual Harassment in the Workplace 2007; (iii) the National Service Delivery Protocol for Responding to Cases of Gender Based Violence 2018; and (iv) the National Action Plan to Prevent Violence against Women and Girls for 2023–2028. The Committee notes that these policies all relate to gender-based violence and harassment. It recalls that violence and harassment in the world of work refers to a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment. Noting the national framework’s focus on gender-based violence and harassment, the Committee requests the Government to provide information on any measures taken or envisaged to adopt an inclusive, integrated and gender-responsive approach for the prevention and elimination of all forms of violence and harassment in the world of work. It also requests the Government to provide information on the measures adopted under the national policies specifically addressing gender-based violence, including sexual harassment, and their impact.

Article 8. Prevention measures. Sectors, occupations and work arrangements more exposed to violence and harassment. The Committee notes the Government’s acknowledgment that it had not yet identified, in consultation with employers’ and workers’ organizations, the sectors or occupations and work arrangements in which workers or other persons concerned are more exposed to violence and harassment. The Committee requests the Government to take the necessary measures to give effect to the requirements under Article 8, and to provide information in this regard.

Article 9. Responsibilities of employers. The Committee notes that the employers’ general occupational safety and health obligations under section 9 of the HASAWA do not expressly cover the prevention of violence and harassment and that their obligations under the ERA are limited to the prevention of sexual harassment. It also notes that the Government indicates that few employers have violence and harassment in workplace policies. The Government also refers to a 2019 report by the International Finance Corporation (IFC), entitled The Business Case for Workplace Responses to Domestic and Sexual Violence in Fiji, which found that violence is costing employers almost ten days of work per employee each year. Following the publication of the report, the IFC launched a programme to support companies to introduce anti-harassment and domestic and sexual violence workplace policies. The Committee requests the Government to take the necessary measures to ensure that its laws and regulations provide for employers’ obligations to prevent violence and harassment in the world of work that are fully in line with the provisions of Article 9, including by reviewing whether existing legislation could be strengthened in this regard. It also requests the Government to continue to engage with relevant stakeholders to raise awareness of employers’ role in this regard, and to provide examples of measures taken by employers to prevent sexual harassment, in line with the obligation under section 76(2) of the ERA, and any other relevant measures taken by employers to prevent violence and harassment at the workplace.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. Easy access to appropriate and effective remedies. The Committee notes information provided in the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), regarding the low number of complaints relating to sexual harassment. The Committee notes that this does not reflect the extent of the problem which is acknowledged in the 2023 Fiji Country Gender Assessment. In its previous comments under Convention No. 111, the Committee had requested the Government to provide information on any progress achieved in relation to the extension of the six-month time limit to submit an employment grievance under section 111 of the ERA, and to consider reviewing the burden of proof which is currently imposed on the worker filing a sexual harassment complaint. The Committee notes that the revision of section 111 of the ERA is envisaged in Bill No. 27 of 2025. The Committee request the Government to take the necessary measures to ensure that workers who have been victims of sexual harassment can effectively and safely make use of complaint-based mechanisms and access remedies. Noting the current gaps in implementation of the obligations of the Convention regarding other forms of violence and harassment in the world of work, the Committee requests the Government to ensure that, when adopting the necessary measures to fully implement the Convention, it takes into account the obligations under Article 10 regarding enforcement mechanisms and remedies.