2015 ITUC Global Rights Index - Fiji
Publisher | International Trade Union Confederation |
Publication Date | 10 June 2015 |
Cite as | International Trade Union Confederation, 2015 ITUC Global Rights Index - Fiji, 10 June 2015, available at: https://www.refworld.org/docid/557a9a1414f.html [accessed 21 May 2023] |
Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
2015 ITUC Global Rights Index Rating: 5
Tripartite agreement signed addressing breaches of ILO Convention 87:
On 25 March 2015, the Minister for Employment, Productivity & Industrial Relations, Jioji K. Konrote, the Chief Executive of Fiji's Commerce & Employers Federation, Nesbitt D. F. Hazelman, and General-Secretary of Fiji's Trade Union Congress, Felix Anthony signed an agreement to use the Employment Relations Promulgation (ERP) as the primary basis for labour management relations in the country.
The agreement followed an ILO Direct Mission to Fiji in November 2014 and a recommendation that a Commission of Inquiry be established to look into a complaint made by Workers' delegates relating to Fiji non-compliance with its obligations under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
As well as affirming the central role of the ERP in labour relations, the agreement also acknowledges the review of the labour law conducted under the Employment Relations Advisory Board (ERAB) mechanism to ensure compliance with ILO core Conventions. It also provides that any further issues and recommendations identified by the parties shall be raised and negotiated through the ERAB mechanism and commits the Government to restoring check-off facilities for union dues.
Trade unionists banned from politics:
The Electoral Decree 2014, assented to by the President of Fiji on 28 March 2014, prevents trade union officials from joining or holding office in a political party and from nominating for election to Parliament.
Article 113 of the Electoral Decree explicitly prohibits trade unionists (wrongly deemed public officers) from even conducting political campaign activities. It is also unlawful under the decree to conduct campaign activities or to post or distribute any campaign material inside a trade union office. Any person who violates these provisions may be subject to a $50,000 fine, 10 years imprisonment or both.
Article 115 cuts an even wider swath, making it unlawful for any organisation which receives foreign funding or assistance "to engage in, participate in or conduct any campaign (including organising debates, public forum, meetings, interviews, panel discussions, or publishing any material) that is related to the election or any election issue or matter." As many civil society organisations within Fiji receive funding or assistance from overseas sources (i.e., foreign governments, the UN, and international NGOs), this provision will have the effect of muzzling nearly all critical voices in the country. Again, any person brave enough to hold a debate on the issues facing the electorate faces a $50,000 fine, 10 years imprisonment or both. Article 115(2) also appears to bar anyone from conducting any voter education or voter registration drive, unless specifically authorised. It is doubtful that any person or organisation will receive such permission.
The Final Report of the Multinational Observer Group (MOG) on the 2014 Fijian Elections, published in April 2015, expressed concerns about the restrictions placed on trade union officials, as 'public officers', participating in national politics. It notes that while these restrictions do not apply to the Prime Minister, Ministers and Leader of the Opposition, large numbers of Fijians are effectively excluded from the political process. It makes particular reference to the exclusion of trade union officials, stating that "[t]he prohibition on trade union officials being members of political parties is a limitation on political freedom". The MOG's Final Report recommends that this aspect of the Electoral Decree be repealed.
The ITUC Global Rights Index Ratings:
1 // Irregular violation of rights
Collective labour rights are generally guaranteed. Workers can freely associate and defend their rights collectively with the government and/or companies and can improve their working conditions through collective bargaining. Violations against workers are not absent but do not occur on a regular basis.
2 // Repeated violation of rights
Countries with a rating of 2 have slightly weaker collective labour rights than those with the rating 1. Certain rights have come under repeated attacks by governments and/or companies and have undermined the struggle for better working conditions.
3 // Regular violation of rights
Governments and/or companies are regularly interfering in collective labour rights or are failing to fully guarantee important aspects of these rights. There are deficiencies in laws and/or certain practices which make frequent violations possible.
4 // Systematic violation of rights
Workers in countries with the rating 4 have reported systematic violations. The government and/or companies are engaged in serious efforts to crush the collective voice of workers putting fundamental rights under threat.
5 // No guarantee of rights
Countries with the rating of 5 are the worst countries in the world to work in. While the legislation may spell out certain rights workers have effectively no access to these rights and are therefore exposed to autocratic regimes and unfair labour practices.
5+ // No guarantee of rights due to the breakdown of the rule of law
Workers in countries with the rating 5+ have equally limited rights as countries with the rating 5. However, in countries with the rating 5+ this is linked to dysfunctional institutions as a result of internal conflict and/or military occupation. In such cases, the country is assigned the rating of 5+ by default.