Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1(a) of the Convention. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that under the provisions of the Crimes Decree No. 44, 2009, sanctions of imprisonment (involving compulsory labour pursuant to section 43(1) of the Prisons and Corrections Act 2006) may be imposed in situations covered by Article 1(a) of the Convention, such sanctions being therefore incompatible with the Convention:

• -section 65(2) provides for sanctions of imprisonment for: (a) making any statement or spreading any report, by any communication whatsoever including electronic communication, or by signs or by visible representation intended by the person to be read or heard, which is likely to: (i) incite dislike or hatred or antagonism of any community; or (ii) promote feelings of enmity or ill will between different communities, religious groups or classes of the community; or (iii) otherwise prejudice the public peace by creating feelings of communal antagonism; and (b) making any intimidating or threatening statement in relation to a community or religious group other than the person’s own which is likely to arouse fear, alarm, or insecurity among members of that community or religious group;
• -section 67(b), (c) and (d) provides for sanctions of imprisonment for any person who utters any seditious words; prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or imports any seditious publication.

The Committee also noted the Government’s indication that sections 65(2) and 67(a), (b) and (c) of the Crimes Decree aim to protect the peace of all people and communities in Fiji, in particular, with regard to ethnic tensions that culminated in coups d’état in 1987 and 2000. The Government also stated that no persons or groups of persons have ever been charged under the mentioned provisions.

The Committee further observed that the Public Order (Amendment) Decree No. 1, 2012, amends certain provisions of the Public Order Act (POA), 1969, so as to strengthen sanctions of imprisonment applicable to the following circumstances:

• -section 10, which amends section 14(b) of the POA, increases from three months to three years the sanction of imprisonment for: (a) using threatening, abusive or insulting words; or behaving with intent to provoke a breach of the peace in any public place or at any meeting; or (b) having been given by any police officer any directions to disperse or to prevent obstruction or for the purpose of keeping order in any public place, without lawful excuse, contravenes or fails to obey such direction;
• -section 13, which amends section 17 of the POA, establishes a new element under the offence of “inciting racial antagonism” (spreading any report or making any statement which is likely to undermine or sabotage or attempt to undermine or sabotage the economy or financial integrity of Fiji, section 17(1)(a)(v)), and increases from one to ten years the sanction of imprisonment applicable to any person violating section 17 and its subsections.

The Committee observed that the provisions of the Crimes Decree and of the Public Order (Amendment) Decree referred to above are formulated in such general terms that they may lead to the imposition of penalties involving compulsory labour as a punishment for the peaceful expression of views or of opposition to the established political, social or economic system, and that such penalties are incompatible with the Convention. It therefore requested the Government to take measures to review the abovementioned provisions in order to bring them into conformity with the Convention.

The Committee notes the absence of information in the Government’s report. The Committee therefore urges the Government to take the necessary measures to amend the abovementioned provisions, either by repealing them, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour with other kinds of sanctions (e.g. fines), in order to ensure that no form of compulsory labour (including compulsory prison labour) may be imposed on persons who, without using or advocating violence, express certain political views or oppositions to the established political, social or economic system. It also requests the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.