Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Abolition of Forced Labour Convention, 1957 (No. 105) - Fiji (Ratification: 1974)

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 (Promulgation) Decree of 25 July 1990; it notes with interest that the Constitution provides for the protection of fundamental rights and freedoms of the individual, in particular freedom from slavery and forced labour, freedom of conscience, of expression, of assembly and association, freedom of movement.

The Committee requests the Government to provide information on the following points:

1. The Committee notes that under the Sunday Observance Decree of 3 May 1989, it is prohibited, among other things, to convene, organise or take part in an assembly or procession in any public place on a Sunday; a penalty of up to one month imprisonment may be imposed for breaches of the Decree, the word "assembly" meaning a gathering of three or more persons for the purpose of discussion on matters of public interest or for the purpose of the expression of views on such matters (sections 2, 4 and 9 of the Decree).

Referring to Article 1(a) of the Convention as well as to paragraphs 133 to 140 of its 1979 General Survey on the Abolition of Forced Labour, the Committee points out that since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings the prohibition of such gatherings might give rise to political coercion involving sanctions contrary to the Convention. Recalling also that section 13 of the new Constitution protects freedom of assembly and association, the Committee requests the Government to provide information on any steps taken to ensure observance of the Convention in this respect as well as information on the application in practice of the above provisions of the Decree in relation to the application of the Convention, including the number of sentences handed down and particulars of court decisions which might assist in defining their exact scope.

2. The Committee notes that under section 162 of the Constitution all basic civil and political rights can be suspended by an Act of Parliament where action is taken or threatened whether inside or outside the country to excite disaffection against the President or the Government or to promote feelings of ill will and hostility between different races or classes of the population likely to cause violence. The Committee requests the Government to provide information on any enactment adopted under section 162.

3. Article 1(c) and (d) of the Convention. Referring to its previous comments, concerning the Draft Marine Act as well as the application in practice of sections 221 to 225 of the United Kingdom Shipping Act, 1894, the Committee notes the extracts of the Marine Act No. 35 of 1986 communicated by the Government with its report. The Committee notes that under section 126 of the Marine Act, a seaman who during an international voyage wilfully and persistently neglects his duty or disobeys lawful commands or combines with other seamen for the same purpose or for impeding the navigation of the vessel is liable to imprisonment for up to two years. Referring to paragraphs 110 and 117 to 125 of its 1979 General Survey on the Abolition of Forced Labour, the Committee points out that the imposition of penalties of imprisonment, involving compulsory labour, for breaches of discipline or participation in a strike is incompatible with the Convention except for offences which endanger the vessel or the life or health of persons.

The Committee requests the Government to provide information on any measures adopted or envisaged to bring section 126 into conformity with the Convention.