Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Fiji (Ratification: 2003)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information provided by the Government in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a Project Advisory Committee on Child Labour (PAC) with tripartite representation has been established, and that PAC will lead efforts towards developing a Fiji National Action Plan to Eliminate Child Labour. With this purpose, the Committee notes that the first National Child Labour Forum was held, and that the Ministry of Labour will soon hire a consultant to facilitate the strengthening of institutional planning to better formulate and implement child labour strategies and effectively enforce child labour legislation. The Committee encourages the Government to develop and adopt the Fiji National Plan to Eliminate Child Labour, and requests the Government to provide information in this respect, particularly regarding the programmes of action that are established and the results achieved in terms of the progressive elimination of child labour.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. In previous comments, the Committee noted that, according to section 40(1) of the Employment Relations (Administration) Regulations 2008 (Employment Relations Regulations), a child under 18 years must not be employed or permitted to be employed in situations of direct hostilities, in any work for which the child has little capacity, in any work which is hazardous to the child’s health, mental, spiritual or social development and in an environment which subjects the child to physical harm, psychological torture, any form of neglect, torture, any form of cruel, inhuman or degrading treatment, or which does not foster the health, self-respect and dignity of the child. The Committee also observed that section 95(2) of Employment Relations Promulgation No. 36 of 2007 (Promulgation No. 36 of 2007) provides that the Minister of Labour may, after consulting the National Occupational Health and Safety Advisory Board, and by order in the Gazette, declare any employment or workplace to be prohibited or restricted on the ground that it is injurious to health or is hazardous, dangerous, or unsuitable, including attendance on machinery, working with hazardous substances, driving motor vehicles, heavy physical labour, the care of children, or work within security services. The Committee observed that no such list of hazardous employment or work appeared to have been declared by the Minister of Labour, and requested the Government to provide information on the progress made in this regard.

The Committee notes the Government’s statement that this matter will be referred to the tripartite Employment Advisory Board for consideration, and this body will advise the Minister for Labour Industrial Relations and Employment in the creation of a list of hazardous activities prohibited to persons below 18 years of age. The Committee also notes the Government’s indication that a Ministerial Order will be developed under section 95(2) of Promulgation No. 36 of 2007, after consultation with both workers’ and employers’ organizations and other relevant stakeholders. This Order will outline the list of hazardous activities and occupations prohibited to persons below 18 years of age, and will conform to the requirements in the Health and Safety at Work Act 1996. The Committee requests the Government to refer to Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which in determining the types of employment or work to which Article 3 of this Convention applies, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes (including ionizing radiations), the lifting of heavy weights and underground work. The Committee also requests the Government to provide a copy of the list of the types of work determined to be hazardous for persons under 18 as soon as it is adopted.

Article 7, paragraphs 1 and 3. Light work and determination of light work. The Committee previously noted that, according to section 93(2) of Promulgation No. 36 of 2007, children between 13 and 15 years of age may be employed in light work. The Committee requested the Government to take the necessary measures to ensure that, in the absence of a definition of light work in the legislation, the competent authority determines what is light work and prescribes the number of hours during which, and the conditions in which, light work may be undertaken. The Committee notes the Government’s acknowledgement of the Committee’s concern on the lack of determination of what activities constitute light work, and notes the Government’s statement that this matter will be referred to the Employment Relations Advisory Board for consideration. The Committee also notes the Government’s indication that, currently, the provisions regulating the hours a child engaged in light work may work are the same as those which apply to children over 15 for non-light work. Pursuant to section 97 of Promulgation No. 36 of 2007 and section 41 of the Employment Relations Regulations, no child may be employed for more than eight hours a day.

The Committee is of the view that work consisting of up to eight hours per day, on any day, as allowed by Promulgation No. 36 of 2007, does not constitute light work. The Committee draws the Government’s attention to paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee therefore hopes that the Government will take the necessary measures to determine the number of hours, as well as the types of activities, which constitute light work. The Committee further requests the Government to supply a copy of the list of the types of light work permitted for children between the ages of 13 and 15, once adopted.