Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 3, clause (d), and Article 4, paragraphs 1 and 2, of the Convention. Determination and identification of hazardous work. The Committee previously noted that, according to section 40(1) of the Employment Relations (Administration) Regulations 2008, a child under 18 years must not be employed 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, 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. It also noted that section 95(2) of the 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 a prohibited or restricted employment on the ground that it is injurious to health or is hazardous, dangerous, or unsuitable. However, the Committee observed that no such list of hazardous employment or work appears to have been declared by the Minister of Labour.

The Committee notes the information in the Government’s report that the process to determine this list will soon begin through the Project Advisory Committee on Child Labour. The Committee also notes the Government’s statement that a technical committee (with representation from workers’ and employers’ organizations and coordinated by the Ministry of Labour) has been proposed to determine the types of hazardous work, though the terms of reference for this technical committee have yet to be drafted. The Committee further notes the Government’s indication that a Ministerial Order will be developed under section 95(2) of the 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 once again recalls that, according to Article 4(1) of the Convention, the types of work considered as hazardous are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that, in formulating a list of hazardous activities and occupations prohibited to persons below 18 years of age pursuant to section 95(2) of Promulgation No. 36 of 2007, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to continue to provide information on the progress made in this regard, and supply a copy of this list once it is adopted.

Article 5. Monitoring mechanisms. 1. Project Advisory Committee on Child Labour. The Committee notes the information in the Government’s report that a Project Advisory Committee on Child Labour (PAC) has been established, consisting of the Ministries of Labour and Education, the Social Welfare Department, the Fiji Trade Union Congress and the Fiji Employers’ Federations. The Committee notes the Government’s statement that the PAC serves as a forum for discussion on child labour issues to foster coordination and collaboration with other agencies and programmes and to advocate at all levels for a coherent national response to the child labour problem. The PAC collaborates with the National Coordinating Committee on Children (NCCC) through a child labour subcommittee of the NCCC.

2. Training for officials engaged in the monitoring of child labour. The Committee notes the information in the Government’s report that several measures for strengthening the monitoring mechanisms of child labour emerged as outcomes of training courses undertaken by tripartite partner organizations at the International Training Centre (ITC) in Turin, Italy. The Committee notes that “trafficking monitoring” has become part of the social welfare monitoring role of the Social Welfare Department, following a training session with senior managers in that department. The Committee also notes that, following a course on international labour standards, the Ministry of Labour has recommended establishing a child labour unit and appointing child labour inspectors. The Committee further notes that a proposal with a view to developing a strategic plan on this issue has been submitted for review. The Committee requests the Government to continue to provide information on the development of a plan to appoint child labour inspectors as well as information on any other measures taken to strengthen the monitoring mechanisms of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that Fiji is involved in the implementation of the ILO–IPEC project “Tackle child labour through education” (ILO–IPEC Tackle project). It noted that the potential area of emphasis of the ILO–IPEC Tackle project is to establish broad-based action against child labour and to promote the adoption of a national plan against child labour. The Committee requested the Government to provide information on the progress made in the elaboration of a national plan against child labour and, more specifically, on the impact of this national plan on ensuring that the worst forms of child labour do not exist or arise in Fiji.

The Committee notes the information in the Government’s report that the PAC provides guidance on the implementation of the ILO–IPEC Tackle project, advising on priority areas for project activities and support, and reviews and approves action programme proposals for submission to ILO–IPEC. The Committee also notes that the ILO–IPEC Tackle project resulted in a legislative and policy framework review of over 30 pieces of legislation, as well as the ILO–ITC training for stakeholders.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously expressed concern at the large number of children in Fiji who do not attend school and who may be engaged in the worst forms of child labour. The Committee noted that the Ministry of Education adopted the “Educating the child holistically for a peaceful and prosperous Fiji” Strategic Plan (2006–08), and the Suva Declaration, which outlines the major directions for education until 2015 and prioritizes social justice, social inclusion and gender equality. The Committee also noted that the ILO–IPEC Tackle project aims to prevent vulnerable children from entering child labour by reducing poverty and providing access to basic education and skills training for disadvantaged children and youth. The Committee had requested the Government to provide information on the impact of the ILO–IPEC Tackle project, of the Suva Declaration and of the Strategic Plan on providing free basic education to children in order to prevent them from being engaged in the worst forms of child labour. The Committee notes the Government’s information that through the ILO–IPEC Tackle project, a proposal has been submitted by the Ministry of Education to review the Education Act. The Committee also notes the Government’s indication that the Fiji Teachers Union’s theme for 2009 is “Education for poverty alleviation”.

The Committee notes the statistics in the Government’s report on school drop-out rates, and its statement that intervention programmes in schools are necessary in order to achieve the education Millennium Development Goals. The Committee also notes that, according to the UNESCO report entitled “Education for All – Global Monitoring Report 2009” (UNESCO report), 19 per cent of children who begin primary school drop out before completion, and that this figure has increased since 1999. The number of children who drop out of school by grade 5 has also increased slightly over this period. According to data in the UNESCO report, the net primary enrolment rate fell from 99 per cent in 1999 to 91 per cent in 2006. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expresses concern at the decline in enrolment rates over this period. The Committee encourages the Government to redouble its efforts to improve the functioning of the education system and to ensure access to free primary education to all children in Fiji. The Committee requests the Government to provide information on measures taken in this regard, particularly on measures taken to increase enrolment rates and reduce drop-out rates in the school system. The Committee also requests the Government to provide information on the proposed review of the Education Act. In addition, the Committee requests the Government to provide information on the number of children who were effectively prevented from being engaged in the worst forms of child labour as a result of the implementation of the ILO–IPEC Tackle project.

Clause (d). Identifying and reaching out to children at special risk. In its previous comments, the Committee had noted that the use of children in prostitution, mainly in sex tourism, appears to be a serious problem in the country. The Committee had noted that the report of the National Workshop on the Implementation of Concluding Observations of the Committee on the Rights of the Child recommended that the Government ensure the provision of counselling to all child victims of abuse for their recovery and rehabilitation. The Committee requested the Government to take effective and time-bound measures 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 to take initiatives to ensure their rehabilitation and integration in response to the recommendation made at the national workshop, and requested information on progress made in this regard. The Committee notes the Government’s information that, pursuant to the Juveniles Act, a welfare officer of the Department of Social Welfare is able to take a juvenile into care, protection or control, if the juvenile has no parents or is destitute, or if the parent or guardian does not (or is unable or unfit to) exercise proper care and guardianship and the juvenile is either exposed to moral or physical danger, or is “falling into bad association”. The Committee also notes the provisions providing protection for children under the Family Law Act (section 121), the Magistrates Court’s Act (section 16(1)(g)), as well as the adoption of the Minimum Standard of Care of Residential Homes and the strengthened monitoring of the adoption process through the National Adoption Panel.

The Committee notes the information in the report entitled “Situational Analysis of Commercial Sexual Exploitation of Children (CSEC) and Child Sexual Abuse (CSA) in Fiji” (CSEC report) commissioned by the United Nations Economic and Social Commission for Asia and the Pacific in 2006, that, as of 2006, a national plan of action addressing the problem of commercial sexual exploitation of children was in development. The Committee also notes the information in the CSEC report that local magistrates indicate that there has been a rise in child sex tourism in Fiji, and that much of the child commercial sexual exploitation occurs in areas frequently inhabited by tourists. The Committee further notes the statement in the CSEC report that children found to be engaged in prostitution are often treated like offenders, and not like victims, and that there is a lack of counselling or rehabilitation available in the sentencing processes of these children. The Committee urges the Government to take effective and time-bound measures to assist in the removal of children from this worst form of child labour, within the framework of a national plan of action on the commercial sexual exploitation of children. The Committee requests the Government to provide information on the measures taken in this regard. It also requests the Government to take the necessary measures to ensure that child victims of prostitution are treated as victims rather than offenders, and to ensure that mechanisms for their rehabilitation and reintegration are available.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that research on child labour in Fiji is currently being conducted within the framework of the ILO–IPEC Tackle project, including research on the commercial sexual exploitation of children, on street children and on children who live in informal settlements and squatter communities. The Committee requests the Government to provide information from this research when it is completed, to give a general assessment of the manner in which the Convention is applied in Fiji. 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 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.