FIJI has once again been urged to amend its laws to allow trade unionists to exercise their rights to free assembly and free speech without the threat of penal sanctions by the Committee of Experts on the Application of Conventions and recommendations of the International Labour Organization.
In its report to be presented to the International Labour Conference 111th Session in June, the committee states it had made a decision in June last year, asking Fiji to amend or repeal penal sanctions on unions under the Public Order Act and Crimes Act.
Fiji was asked to repeal or amend Section 14 of the Public Order Act which provides for sanctions of imprisonment for up to three years for using threatening, abusive or insulting words in any public place or any meeting, or behaves with the intent to provoke a breach of peace.
Fiji was also asked to amend or repeal Section 17, which provides for sanctions of imprisonment for up to 10 years for 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.
In the Crimes Act, Fiji was requested to repeal or amend Section 67(b), (c) and (d), which provides for sanctions of imprisonment for seven years for uttering any seditious words; printing, publishing, selling, offering for sale, distributing or reproducing any seditious publication; or importing any seditious publication.
“The committee observes that the conference committee noted with deep concern the repeated failure of the Government to bring its national legislative framework into conformity with the convention so as to allow trade unionists to exercise their rights to free assembly and free speech without the threat of penal sanctions involving compulsory labour,” states the committee report.
“The conference committee also deplored the systematic use of penal sanctions against workers and their representatives.”
“The conference committee urged the Government to take effective, urgent and timebound measures to amend the corresponding legislation.”
The committee states it received submissions on the issue in Fiji from the International Trade Union Confederation (ITUC) and the Fiji Trades Union Congress (FTUC).
“The committee notes with deep regret that the Government merely indicates in its report that it maintains its stance as reflected in its report submitted to the committee in 2021 and that there have been no amendments to the Public Order Act and the Crimes Act.
“Therefore, in line with the conference committee’s conclusions, the committee urges the Government to take immediate and effective measures to amend the legislation.”
A recently-appointed Employment Relations Advisory Board is presently reviewing all laws that affect union rights and will hand over a report to the Minister for Employment, Productivity and Industrial Relations.
