Documented violations - actual number of cases may be higher
Population:
Capital: Suva
Capital: Suva
Commodore Bainimarama’s government continues to restrict trade union freedoms to maintain control of the archipelago.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
Commodore Frank Bainimarama heads a civilian government that has no democratic legitimacy, having resulted from a military coup in 2006. Although elections had initially been promised in 2009, the government has announced its intention to remain in power until 2014 and perhaps longer. The government legislates by decrees which continue to restrict human rights and to repress dissenting voices. Increases in the cost of food, water and energy have caused new record levels of poverty.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Suva
Capital: Suva
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
Many excessive restrictions exist despite recent improvements. Freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework is secured in the Constitution, and the Employment Relations Promulgation (ERP) 2007 adequately protects workers against anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
. However, the Registrar has discretionary powers to refuse to register a union with an “undesirable” name, as well as to cancel the registration of a union in cases provided by the law. While the ERP promotes and encourages collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is limited. A strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike can not be called in relation to union recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. , and must always be approved by more than 50% of the paid-up members. In addition, unions are required to give 21 days’ notice prior to calling a normal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , and 49 days in “essential” industries. Furthermore, the names of all the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike participants must be communicated to the Ministry of Labour, which also has the right to declare an existing or proposed strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike unlawful, in which case the dispute is referred to arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation . Both the Ministry and the employers can also impose compulsory arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation when the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is not considered to be in the public interests or could jeopardise the economy. Trade unionists can face criminal charges and risk imprisonment if they persist with strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action.
See Guide to the ITUC international trade union rights framework is secured in the Constitution, and the Employment Relations Promulgation (ERP) 2007 adequately protects workers against anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
. However, the Registrar has discretionary powers to refuse to register a union with an “undesirable” name, as well as to cancel the registration of a union in cases provided by the law. While the ERP promotes and encourages collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is limited. A strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike can not be called in relation to union recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. , and must always be approved by more than 50% of the paid-up members. In addition, unions are required to give 21 days’ notice prior to calling a normal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , and 49 days in “essential” industries. Furthermore, the names of all the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike participants must be communicated to the Ministry of Labour, which also has the right to declare an existing or proposed strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike unlawful, in which case the dispute is referred to arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation . Both the Ministry and the employers can also impose compulsory arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation when the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is not considered to be in the public interests or could jeopardise the economy. Trade unionists can face criminal charges and risk imprisonment if they persist with strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
Although the Fijian Constitution guarantees freedom of association, it also provides for the possibility of enacting legislation applying restrictions to this right in the public interest or to protect national security.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
The Employment Relations Promulgation 2007 contains a comprehensive prohibition of acts of anti-union discrimination for all types of trade union activity and at all stages of the employment relationship, including recruitment. The Employment Relations Tribunal and the Employment Relations Court have the power to order remedies including reinstatement, reimbursement and/or compensation for humiliation, loss of benefit or loss of property.
Restrictions
Legal barriers to the establishment of organizations:
- >Power to refuse official registration on arbitrary, unjustified or ambiguous grounds
- The Employment Relations Promulgation 2007 (ERP) limits the power of the Registrar to reject the merger of unions to cases where the proposed rules for the merger contravene the provisions of the ERP, or where one of the union’s aims is unlawful. However, the Registrar retains discretionary power to refuse to register a union with an “undesirable” name. Registration is mandatory. Trade unions no longer need to obtain recognition from the employers in order to register.
Restrictions on trade unions' right to organize their administration:
- >Administrative authorities' power to unilaterally dissolve, suspend or de-register trade union organisations
- The Registrar retains discretionary power to cancel the registration of a trade union in cases provided by the law.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- The Employment Relations Promulgation 2007 does not apply to prison and correctional services.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law.
The Employment Relations Promulgation 2007 promotes and encourages collective bargaining.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Legal barriers to lawful strike actions:
- >Excessive representativity or minimum number of members required to hold a lawful strike
- A strike is allowed if more than 50% of the paid-up members vote in favour.
- >Excessively long prior notice / cooling-off period
- Unions are required to give 21 days' notice to the Registrar of Trade Unions (who reports to the Minister of Labour) before putting a strike to the ballot. With respect to "essential" industries, a further 28 days' notice must be given.
- >Other undue, unreasonable or unjustified prerequisites
- Organisers must provide the Ministry of Labour with information concerning the date, time and location of a strike, together with a list of the participants.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- The right to strike is recognised for all matters except those relating to trade union recognition.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers' power to prevent or end a strike by referring the dispute to arbitration
- The Minister of Labour has the right to declare existing or proposed strikes unlawful. If s/he does so, the dispute is referred to a Permanent Arbitrator and workers are obliged to return to the workplace. The Employment Relations Promulgation 2007 maintains the possibility of imposing compulsory arbitration at the request of one of the parties or of the Ministry of Labour when the strike is not considered to be in the public interest or could jeopardise the economy.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Possibility to replace workers during lawful strike actions
- There are no provisions prohibiting employers from hiring strike breakers.
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Trade unionists can face criminal charges and risk imprisonment if they persist with strike action. There is no adequate judicial protection to prevent abuses and the imposition of disproportionate penalties on trade unionists.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Suva
Capital: Suva
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
Forbidden to challenge government decisions: Decree numbers 9, 10 and 25 of 2009 and decree no. 14 of 2010, forbid trade unions from challenging in court a decision taken by the government or a government controlled body. The UITA (International union of food workers and their affiliates) and the Fiji Trade Union Congress cite the case of a poorly planned closure of a sugar factory owned by the Fiji Sugar Corporation in the Ba district as a result of poor management. No subsistence provisions were made to lessen the social impact of this closure and soldiers intimidated workers in several factories. Given the laws mentioned above, trade unions and workers were not able to challenge this decision in the Courts.
A job or a role in the trade union: Civil servants who occupy a position of responsibility within their trade union had to choose between their job and their role in the trade union. For example, the Minister of Education informed a high level member of the Department of Education who had been appointed as head of Second Level Education in Fiji but who was also Deputy General Secretary of the Fijian Teacher’s Union, that she would have to choose between her position within the Department or within the trade union. Trade union involvement can also have a bearing on the renewal of civil servants contracts.
Severe restrictions on collective bargaining in the public sector: The government has modified the law to severely restrict the opportunities for collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
in the public sector and to award itself the right to unilaterally modify the terms and conditions of employment of civil servants. It forbids any Court challenge of a decision taken by the government or by Fiji’s Public Service Committee in relation to the terms and conditions of employment of civil servants, including their remuneration.
See collective bargaining agreement
in the public sector and to award itself the right to unilaterally modify the terms and conditions of employment of civil servants. It forbids any Court challenge of a decision taken by the government or by Fiji’s Public Service Committee in relation to the terms and conditions of employment of civil servants, including their remuneration.
Recourse to individual contracts to limit collective bargaining: While the law does not promote individual contracts, in practice they are common and are promoted to the detriment of collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
. Employers tend to offer advantageous packages to new employees, particularly graduates and skilled personnel in key industries as a means of promoting individual contracts. This practice greatly reduces the possibilities for collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
and weakens the trade unions.
See collective bargaining agreement
. Employers tend to offer advantageous packages to new employees, particularly graduates and skilled personnel in key industries as a means of promoting individual contracts. This practice greatly reduces the possibilities for collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
and weakens the trade unions.
Public emergency regulations seriously infringe trade union freedom:
Public emergency regulations adopted in December 2006 remain in place. They seriously infringe fundamental human rights, such as the freedom of assembly. In particular it allows military personnel to take up positions at the workplace which intimidates the workers. This was the case for example, during a restructuring at the Fiji Sugar Corporation.
These regulations also have a direct impact on the trade unions’ ability to freely organise their activities. A permit must be obtained to hold any trade union meeting or activity. On the 20 August, a police chief in Lautoka used these public emergency regulations to refuse authorisation to hold a trade union meeting of the sugar sector (Fiji Sugar and General Workers Union).
Lack of protection against anti-union discrimination: The Fiji Trade Union Congress reports that organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
is becoming more and more difficult even though Fiji has ratified ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights Conventions 87 and 98; they are often not adequately applied. There is no protection for workers who set up a trade union or become members. This generates a certain anxiety amongst workers who are reluctant to join a union for fear of losing their job.
See tripartism, ITUC Guide to international trade union rights Conventions 87 and 98; they are often not adequately applied. There is no protection for workers who set up a trade union or become members. This generates a certain anxiety amongst workers who are reluctant to join a union for fear of losing their job.
Lack of confidence in the courts: The Fijian trade unions denounce the increasing judicial abuses. The independence, qualifications and the transparency in the nomination of judges are not sufficient.
Obstacles to organising workers in Export Processing Zones and for migrant workers: According to the Fiji Trade Union Congress (FTUC), numerous techniques are employed in the Export Processing Zones to discourage workers from setting up trade unions. Fear of employer reprisals is one of the major obstacles. The FTUC reports similar difficulties and obstacles in organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
migrant workers who are brought to Fiji by their employers.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Suva
Capital: Suva
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Attack on the freedom of movement of three trade unionists: On 9 July, the security forces prevented the President, Vice-President and the accountant of the Fijian Teachers Association (FTA) from boarding a plane for an island in the south of the archipelago where they were planning to hold a meeting and visit members. While this is the only incident of this type reported, it shows that the security forces monitor the movements of trade unionists.
Arrest of the General Secretary of the National Farmers Union: On 1 October, Mahendra Chaudhry, General Secretary of the National Farmers Union and former prime minister was arrested along with five others in Rakiraki in the west of the main Fijian island as he was speaking to a group of farmers. He was accused of not having requested authorisation to organise a public meeting, a violation of the public emergency regulations. Mahendra Chaudhry was released on bail on 4 October.
The Committee on Freedom of Association recommends the reinstatement of Mr. Koroi: On 10 December 2008 the Fiji Public Service Commission informed Tevita Koroi President of the Fijian Teachers’ Association (FTA) and a member of the Council of Pacific Education that he was suspended from his position as principal. He was fired from the public service on 30 April 2009. The Commission criticised Mr. Koroi for speaking out publicly against the military coup. The ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights Committee on Freedom of Association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework recommended to the government in November that Mr. Koroi be reinstated immediately to his previous role as principal, with no loss of salary or benefits.
See tripartism, ITUC Guide to international trade union rights Committee on Freedom of Association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework recommended to the government in November that Mr. Koroi be reinstated immediately to his previous role as principal, with no loss of salary or benefits.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Suva
Capital: Suva
reported violations - 2011
Documented violations - actual number of cases may be higher