Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests it to provide further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s information that the Employment Relations Bill, which is currently being tabled in Parliament for enactment to replace the Employment Act Cap 92, has been endorsed by the Labour Advisory Board. The Bill specifically outlines the provisions of the Convention, and explicitly prohibits any form of child labour. Moreover, the Committee notes that, under the new Bill, a child is now defined as a person who is under the age of 18 years. The Committee expresses the hope that the Bill will be adopted shortly.

Article 3, clause (a). 1. Sale and trafficking of children. In its previous comments, the Committee noted that the Penal Code prohibits the kidnapping, purchase or trafficking of children under the age of 16 for the purposes of slavery, grievous harm or sexual exploitation. The Committee recalled that Article 3(a), read together with Article 1 of the Convention, requires all forms of sale and trafficking in children to be prohibited irrespective of purpose. It also recalled that, although there are prohibitions in place in Fiji with respect to children under 16, the Convention applies to all children under the age of 18. The Committee notes that section 91(a) of the Employment Relations Bill prohibits all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and any form of forced or compulsory labour, including forced or compulsory recruitment of children in armed conflict. The Committee also notes section 256 of the Employment Relations Bill, which outlines a general penalty for these offences, including fines and imprisonment.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. In its previous comments, the Committee noted that, while the Penal Code has extensive provisions prohibiting the procurement and use of young girls and women for prostitution, the Convention prohibits the use, procuring, or offering of both boys and girls under 18 years of age for prostitution. It further noted that the Act to amend the Juveniles Act of 1997 imposes specific penalties if a person is convicted of recording pornographic material involving juveniles under the age of 17. It requested the Government to provide information on the measures taken or envisaged to prohibit the use, procuring, or offering of a child for prostitution or pornography under the age of 18. The Committee notes that section 91(c) of the Employment Relations Bill explicitly prohibits the use, procuring or offering of a child under the age of 18 for prostitution, for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee observed that, while existing legislation prohibits drug use, there appear to be no provisions in the Penal Code prohibiting the involvement of children in drug production and trafficking. Furthermore, the Committee noted that section 58 of the Juveniles Act punishes anyone who causes or procures any child (defined as under the age of 14) or, having the custody or care of such a child, allows him to be in any street, premises or place for the purpose of begging. The Committee requested the Government to provide information on measures taken or envisaged to give effect to Article 3(c) of the Convention. The Committee notes that section 91(b) of the Employment Relations Bill prohibits the use, procuring or trafficking of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in relevant international treaties.

Article 3, clause (d), and Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. In its previous comments, the Committee noted that under the terms of section 61 of the Employment Ordinance, no child (defined as a person under the age of 15) or young person (defined as a person over the age of 15 but under the age of 18) may be employed in any employment which, in the opinion of the proper authority, is injurious to health, dangerous or otherwise unsuitable. The Committee further noted, however, that the national legislation does not identify the types of hazardous work pursuant to section 61 of the Employment Ordinance, and requested the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention.

The Committee notes the Government’s information that section 63 of the Employment Ordinance restricts the employment of children in industrial undertakings and in any undertaking in attendance on machinery for health and safety reasons. However, it observes that, under this Ordinance, the term “child” means a person who has not attained the age of 15 years. The Committee notes that section 95(1) of the Employment Relations Bill restricts the employment of children underground in mines. It also notes that section 95(2) specifies that the Minister for Labour may, after consulting the National Occupational Health and Safety Advisory Board, declare any employment or workplace to be a prohibited or restricted employment or workplace 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 recalls that, according to Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It further draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on any order issued by the Minister of Labour that determines a list of activities and occupations prohibited to persons below 18 years of age, pursuant to section 95(2) of the Employment Relations Bill. It further requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Government had created a Committee for the Elimination of Child Labour, which includes individuals from the Ministry of Labour, the Ministry of Women, Social Welfare, and Poverty Alleviation, the Fiji Police Force, and UNICEF, as well as media and employers’ and workers’ organizations. Recalling its previous comments, the Committee requests the Government to provide further information regarding the functioning of the Committee for the Elimination of Child Labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. Referring to its previous comments, the Committee once again notes the Government’s statement that there is no existing programme of action as such, “although the Government and social partners and non-governmental organizations and civil societies do oversee their own actions on the elimination of the worst forms of child labour”. The Committee requests the Government to indicate how the abovementioned actions contribute to ensuring that the worst forms of child labour do not exist or arise in Fiji.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that, according to the initial report of Fiji to the United Nations Committee on the Rights of the Child (CRC/C/28/Add.7, 24 September 1996, paragraphs 202 and 206), primary education is accessible to almost all children in Fiji, but secondary education is less accessible due to the higher costs involved and the geographical distribution of schools. The Committee also noted that, according to the International Confederation of Free Trade Unions (ICFTU) report entitled “Internationally-recognized core labour standards in Fiji, 1997”, “there are few studies of child labour as such, but the drop-out rate in schools provides a reliable proxy indicator for child labour. This would indicate that some 20-30,000 children are almost certainly engaged in child labour”. The Committee expressed concern at the large number of children who do not attend school and may be engaged in the worst forms of child labour. The Committee also expressed its view that education contributes to eliminating the worst forms of child labour, and it encouraged the Government to continue its efforts to ensure access to free primary education to all children in Fiji.

The Committee notes that the Ministry of Education held its first Education Summit from 31 August to 1 September 2005, the goal of which was to create an Education Master Plan for Fiji. The Committee further notes the report on the National Workshop on the Implementation of the Concluding Observations of the Committee on the Rights of the Child, held in Suva from 21 to 22 February 2006. The workshop recommended that education be made compulsory by law and available for free, including with regard to hidden costs, to all children at primary level, and if possible at secondary level. Furthermore, the workshop recommended strengthening the periodic monitoring of the education system framed by the Convention on the rights of the child, especially with regard to access, quality and child protection. The Committee requests the Government to provide a copy of the Education Master Plan for Fiji, as well as information on measures taken or envisaged based on the recommendations made at the National Workshop on the Implementation of the Concluding Observations of the Committee on the Rights of the Child.

Clause (d). Identifying and reaching out to children at special risk. In its previous comments, the Committee noted that the use of children in prostitution, mainly in sex tourism, appears to be a serious problem in the country. The Committee also noted that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.89, 24 June 1998, paragraphs 17 and 25), expressed concern at the insufficient awareness of and lack of information on child abuse, including sexual abuse, and the insufficient legal protection measures and appropriate resources. It also expressed concern at the insufficient rehabilitation measures for ill-treated, sexually abused and economically exploited children as well as their limited access to the justice system. The Committee notes that the report of the National Workshop on the Implementation of Concluding Observations of the Committee on the Rights of the Child recommends that the Government ensure the provision of counselling to all child victims of abuse for their recovery and rehabilitation, including the availability of immediate counselling for victims by employing child psychologists to work with the police and the Department of Public Prosecution. The Committee requests the Government to provide information on the time-bound measures taken to assist in the removal of children from the worst forms of child labour such as homeless children working in the area of sex tourism, and what initiatives are taken to ensure their rehabilitation and integration in response to the recommendation made at the national workshop.

Article 8. International cooperation and assistance. International cooperation. Referring to its previous comments, the Committee notes the Government’s information that it is “vigilant” on the issue of the worst forms of child labour, and ensures that all the responsible authorities and stakeholders utilize international cooperation, including assistance from Interpol. The Committee further notes that in May 2005 the Government ratified the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict, and the sale of child prostitution and child pornography.

Parts IV and V of the report form. Application of the Convention in practice. The Committee once again notes the Government’s indication that there has not been a case of the worst forms of child labour in the country and that is the main reason for the perceived inaction by the relevant authorities. It notes the Government’s information that there is a continuing awareness campaign, and that all the interested parties and stakeholders report all cases of the worst forms of child labour to the Ministry of Labour or the Ministry of Social Welfare or the Police Department. Once a complaint is identified and confirmed, the appropriate authority or authorities (as indicated above) are asked to respond according to the relevant laws which are currently in place. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Fiji and, in particular, to provide information on the situation with regard to child trafficking and the use of children in commercial sexual exploitation. It encourages the Government to indicate any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.