Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 1 of the Convention and Part V of the report form. National policy designed to ensure the effective abolition of child labour and the application of the Convention in practice. In its previous comments, the Committee noted the establishment of the Project Advisory Committee on Child Labour (PAC), with tripartite representation. The Committee also noted that this body was developing a national action plan to eliminate child labour and requested the Government to provide information on progress made in this regard.

The Committee notes the Government’s indication that the second National Child Labour Forum took place in March 2010, as a follow-up to evaluate the action plan formulated in 2008. The Committee also notes the information in the Government’s report regarding the numerous activities undertaken by the PAC; it has undertaken a baseline study on child labour in five sectors, a legislative review on the application of the Convention and capacity-building initiatives for the child labour inspectors of the Ministry of Labour. The PAC also supported the establishment of the Child Labour Unit within the Ministry of Labour and facilitated various training and awareness-raising projects for tripartite partners and governmental personnel. The Committee further notes the Government’s indication that it is participating in the ILO–IPEC project entitled “TACKLE”, which aims to address child labour through education and poverty reduction.

However, the Committee notes the information in the National Occupational Health and Safety Advisory Board (NOHSAB) paper on hazardous work for children (submitted with the Government’s report) that approximately 80,000 children work as seasonal or migrant farm workers. The NOHSAB paper also indicates that the application of child labour laws is lax in the agricultural sector, and that systematic monitoring of child labour is lacking in the country. The Committee therefore urges the Government to strengthen its efforts to combat child labour, particularly in the agricultural sector. In this regard, it requests the Government to continue to support the PAC’s initiatives to strengthen the capacity of the child labour inspectors of the Ministry of Labour. It also requests the Government to continue to provide information on the concrete measures taken by the PAC, and on the results achieved. It further requests the Government to provide information on the results achieved through the implementation of the ILO–IPEC TACKLE project. Lastly, it requests the Government to provide a copy of the baseline study conducted by the PAC on child labour in five sectors in Fiji once completed.

Article 3(2). Determination of types of hazardous work. The Committee previously noted 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 NOHSAB, and by order in the Gazette, declare any employment or workplace to be prohibited or restricted for children on the grounds that it is injurious to health or is hazardous, dangerous or otherwise unsuitable. The Committee observed that such a list had not been adopted, though noted the Government’s indication that this matter had been refereed to the tripartite Employment Relations Advisory Board (ERAB) for consideration.

The Committee notes the Government’s indication that the ERAB has referred the preparation of a list of hazardous types of work to the NOHSAB, and that the NOHSAB produced a paper on this subject containing a draft list of prohibited types of work. The Committee also notes that an Occupational Health and Safety Advisory Subcommittee (a tripartite stakeholder forum) was established to examine and develop this draft list. The Committee further notes that this draft list of prohibited occupations, submitted with the Government’s report, prohibits 17 types of hazardous occupations which are unsuitable for children. In addition, the Committee notes the Government’s indication that once this list is adopted by the NOHSAB, the Minister of Labour will be advised to adopt the list by order in the Gazette. The Government indicates that this process should be completed by the time it submits its next report. The Committee expresses the firm hope that this list determining the types of hazardous work prohibited to persons under 18 years of age is adopted in the near future, pursuant to 95(2) of Promulgation No. 36 of 2007. It requests the Government to provide a copy of this list, once adopted.

Article 7(1) and (3). Light work and determination of light work activities. The Committee previously noted that, according to section 93(2) of Promulgation No. 36 of 2007, children between the ages of 13 and 15 years may be employed in light work. The Committee also noted the Government’s indication that there were no specific provisions regulating the permitted hours for light work, meaning that children between the ages of 13 and 15 were permitted to work up to eight hours a day. The Committee expressed the view that working up to eight hours per day did not constitute light work. However, the Committee further noted the Government’s statement that the determination of light work activities (and the number of hours during which these activities may be undertaken) would be referred to the ERAB.

The Committee notes the Government’s statement that it is committed to ensuring that the necessary steps are taken to determine the number of hours, as well as the types of activities, that constitute light work. The Committee also notes the Government’s indication that the ERAB and the NOHSAB are working together to develop a list of types of light work. The Government indicates that, once developed and approved by these two boards, this list will be presented to Cabinet for adoption. The Committee requests the Government to take the necessary measures to ensure the elaboration and adoption of this list determining types of light work activities for children between the ages of 13 and 15, in addition to the number of hours during which, and the conditions in which, such work may be undertaken. It requests the Government to provide a copy of this list, once adopted.