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TITLE: FIJI HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
FIJI
Fiji's system of parliamentary democracy, inherited when the
country gained independence from Great Britain in 1970, was
interrupted in 1987 with the installation of a military regime
following two bloodless coups. Fiji returned to elected
government in 1992. That government fell in November 1993 over
failure to pass a budget for 1994. A new general election is
scheduled for February 1994.
Ethnicity plays a major role in Fiji's politics, economy, and
society. Fiji's multiracial society is about evenly divided
between indigenous Fijians and ethnic Indians. Indo-Fijians
dominate the economy and professions and are well represented
in the lower and middle levels of the public service, while
ethnic Fijians make up the bulk of the nation's military forces
and control the political structures.
The small but professional Fiji Military Forces (FMF) and a
separate police force report to and are under the control of
the Minister for Home Affairs and, ultimately, the President.
In 1990 the Government also established the Fiji Intelligence
Service, with limited powers to search people and property, tap
telephones, and open mail.
Sugar and tourism constitute the mainstays of the economy,
accounting for almost half of the nation's foreign exchange
earnings. The economy has recovered from the effects of a
severe decline following the 1987 coups. The Government is
promoting light manufacturing for export, notably the garment
industry, to diversify the economy and lessen its dependence on
sugar and tourism.
The principal human rights problem in 1993 remained the
constitutionally imposed and ethnically based political
discrimination. Labor rights disputes stemming from 1991
legislation greatly ameliorated during the year. Other human
rights problems include inhibitions on freedom of the press,
continued delays in bringing criminal and civil cases to trial,
and violence and discrimination against women.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no deaths of persons in official custody from other
than natural causes nor deaths by police or military
application of force in Fiji in 1993. There were no reports of
political killings by the Government or any political group.
b. Disappearance
There were no reports of disappearances in 1993.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Police sometimes physically abuse detainees; the offending
officers have been punished in some instances, although
punishments have been light. The Internal Affairs Unit
continues to expedite the investigation of such cases and to
ensure that any complaints against the police are properly
investigated. During 1992, 27 officers were charged with a
variety of offenses. At year's end, the 15 cases which had
been dealt with resulted in 4 convictions; 12 cases were
pending. Internal police investigation statistics from 1993
were not available for inclusion in this report. Corporal
punishment is permitted by law as a penalty for criminal acts;
strokes of the cane are administered under medical supervision,
although this provision is rarely invoked.
d. Arbitrary Arrest, Detention, or Exile
In Fiji the Law of Arrest and Detention broadly follows the
British model. Generally, a person may be arrested only if
there is a reasonable belief that a breach of the criminal law
has been or is about to be committed. Arrested persons must be
brought before a court without "undue delay." This is taken to
mean within 24 hours, with 48 hours as the exception (such as
when an arrest is made over the weekend). Rules governing
detention are designed to ensure fair questioning of suspects.
Defendants have the right to a judicial review of the grounds
for arrest; in urgent cases, application may be made to a judge
at any time, whether he is sitting or not. Incommunicado and
arbitrary detention are illegal, and none occurred in 1993.
Exile is not practiced.
e. Denial of Fair Public Trial
The judicial structure was reorganized under the 1990
Constitution, but remains similar to the British system. The
principal courts in Fiji are the Magistrate Courts, High Court,
and the Court of Appeal. The 1990 Constitution also provided
for a Supreme Court as the court of final appeal, but to date
it has not been established. The Court of Appeal is slowly
reducing the enormous backlog of cases caused by the
Government's failure to appoint a president for the court until
December 1991 and the court's consequent inability to convene
before that time.
There are no special courts; military courts try only members
of the armed forces. Magistrate Courts continue to try the
large majority of cases. In addition to its jurisdiction in
serious civil and criminal cases, the High Court is granted
special interest jurisdiction on behalf of the public and is
empowered to review alleged violations of individual rights
guaranteed under the Constitution.
The judiciary is independent under the 1990 Constitution and in
practice. There have been no credible reports in 1993 that a
court was influenced by the executive -- except by legal
arguments in court. An example of the courts' independence was
the decision in the Jim Ah Koy case (see Section 5.a.), in
which the government lost a hotly debated ethnic registration
decision.
Rights of due process are similar to those found under English
common law. The right to public trial is guaranteed, and
defendants have the right to counsel. Trials in the High Court
provide for the presence of assessors (akin to a jury); cases
in the Magistrate Court do not. In litigation involving lesser
complaints, a public legal advisor assists indigents in
domestic or family law cases. The right of appeal exists but
is hampered by continuing delays in the appeals process.
Normal bail procedures mean that most defendants do not
experience any pretrial detention.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In general, privacy of the home is respected. However, the
Fiji Intelligence Service has powers to search people and
property, open mail, and tap telephones within specific
operational guidelines outlined in the government decree which
created it. There is no evidence that these powers are being
abused. Surveillance of persons believed to represent a
security threat is carried out to some degree. Some political
opponents of the Government believe their telephones and mail
are monitored, but concrete evidence is lacking.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is generally respected. Political figures
and private citizens can and do speak out against the
Government. Although the Public Order Act and other acts
prohibit any actions which are likely to incite racial
antagonism, no arrests for making any kind of public statement
were reported or believed to have occurred in 1993.
The Government does have broad discretionary powers to impose
restrictions on press freedom, and it has sometimes done so.
For example, in 1993 the Government banned television camera
coverage of the controversial Kermode Commission of Inquiry
into the wrongful arrest suit and out-of-court settlement in
the so-called Stephens Affair. The investigation led to the
resignation of the Attorney General and implicated the Prime
Minister and his close advisors. The Government also
temporarily banned television from using actual footage of
parliamentary proceedings.
Legislation pertaining to the press is contained in the
Newspaper Registration Act (NRA) and the Press Correction Act
(PCA). Under the NRA, all newspapers which are sold and
published in Fiji must be registered with the Government before
they can begin publishing. The PCA gives the Minister of
Information sole discretionary power to order a newspaper to
publish a "correcting statement" if, in his opinion, a false or
distorted article has been published. Should the newspaper
refuse to publish the Minister's correction, it can be taken to
court and, if found guilty, fined $700 (individual persons
convicted under the Act may be fined $150 and/or imprisoned for
6 months). The PCA allows the Government to arrest anyone who
publishes "malicious" material. This includes any false news
which could create or foster public alarm or result in the
"detriment of the public."
Privately owned broadcast and print media operate without prior
censorship but with considerable self-censorship. Newspapers
occasionally print editorials critical of the Government but
rarely do investigative reporting. Statements about the
political situation by opposition figures and foreign
governments are widely reported. The letters columns of the
two daily newspapers also frequently carry political statements
from members of the deposed government and other persons and
from groups which are highly critical of the Government, its
programs, and the Constitution. Criticism--albeit muted--of
the once sacrosanct traditional chiefly system is beginning to
appear. However, the Government still views comments about
individual chiefs with disfavor.
An active local organization, the Fiji Islands Media
Association (FIMA), is an affiliate of the regional Pacific
Islands News Association (PINA), which held its 1993 convention
in Fiji for the first time since the 1987 coups. Both FIMA and
PINA are pressing for better training and establishment of
codes of ethics for journalists. Concerned over possible moves
by the Government to set up a tribunal for hearing public
complaints against the media, FIMA is working toward a
self-regulatory press and media council instead.
The advent of television has raised the specter of censorship,
openly advocated by the head of the powerful Methodist church
in Fiji and others. Moves to replace the temporary television
service with a permanent arrangement have triggered a serious
look at television content regulation, heretofore nonexistent.
While academic freedom is respected, the Government has
effectively deterred university employees from participation in
Fijian domestic politics. Since 1991 staff members of the
University of the South Pacific must take leave if they run for
public office and must resign from their posts if elected.
Senior staff may not hold office in political parties.
b. Freedom of Peaceful Assembly and Association
Assembly for political purposes is allowed but subject to
restriction in the interest of public order. Public gatherings
require permission from the Government's district officers, who
may obtain prior assessment and advice from the police on the
anticipated crowd size and the ability of the police to ensure
public safety. Permits for large outdoor political meetings or
demonstrations are not always granted.
There was no government interference with political activities
during the October 1993 municipal elections. Permits were
routinely issued for rallies organized by political parties,
religious groups, and groups opposed to the Government. All
opposition party headquarters remain open. Political
organizations are allowed to operate and issue public
statements. They did so repeatedly and openly throughout 1993.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and
honored in practice. The preamble to the Constitution declares
the importance of Christianity to the Fijian people but
guarantees protection for all religions. As part of the
ongoing constitutional review process, several parliamentarians
and Methodist church leaders have called for Fiji's status as a
"Christian nation" to be enshrined in the body of the
Constitution.
No significant restrictions affect foreign clergy and
missionary activity or other typical activities of religious
organizations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on freedom of movement within the
country or abroad. Occasional detentions at the airport occur,
but the courts do not hesitate to order redress where this is
warranted. Fijian citizens are free to emigrate. According to
the best available estimates, over 35,000 have done so since
May 1987.
Most of the emigrants are Indo-Fijians, many of them
professionals, but some ethnic Fijians and others also have
left. Several thousand have claimed refugee status, especially
when applying for admission to Canada and after arrival in the
United States as tourists, but neither the U.N. High
Commissioner for Refugees nor any government has recognized
those claims. In 1992 and 1993, as the economic downturn in
Australia and New Zealand continued and Fiji moved toward
restoration of accountable government, several hundred
well-educated Indo-Fijians who had emigrated in the postcoup
period returned to Fiji. There are no refugees in Fiji, and no
forced resettlement programs.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their government is abridged by
the provision of the 1990 Constitution ensuring political
dominance by ethnic Fijians, primarily through race-based
voting rolls and representation in Parliament. Moreover, the
Constitution was promulgated by a nonelected interim government
and has not been approved by a national referendum.
The Constitution guarantees ethnic Fijians dominance of the
Government by providing them with 37 of 70 seats in the elected
lower house of Parliament. Indo-Fijians are accorded 27 seats,
Rotumans (culturally distinct Polynesians) 1, and all other
races 5. In the Senate (an appointed body with essentially
review powers and the right to veto legislation), ethnic
Fijians hold 24 of the 34 seats, Rotumans 1, and the other
groups 9. Other constitutional features designed to ensure
ethnic Fijian dominance include a requirement that the Prime
Minister be an ethnic Fijian and selection procedures which
virtually ensure that the President will also be an ethnic
Fijian.
The Constitution also incorporates a bill of rights, providing
for freedom of speech, assembly, religion, and other
internationally accepted rights and freedoms. The section
setting forth these rights provides that they may not be
altered by Parliament except with the approval of two-thirds of
the lower house. However, elsewhere in the Constitution,
Parliament is also given the authority to pass special acts to
deal with certain specified emergency situations,
notwithstanding human rights guarantees found in other sections
of that document. The Attorney General's office has taken the
view that any legislation introduced under the emergency powers
provision would require two-thirds approval by the lower house,
but critics of the Constitution maintain that only a simple
majority would be needed. Critics claim that indigenous
Fijians in the lower house thus would be able, solely on the
strength of their own numbers, to abrogate constitutional human
rights protection.
The President is selected by the Great Council of Chiefs (GCC),
a traditional Fijian leadership body. He appoints the Fijian
members of the Senate on the advice of the GCC and the
provincial councils, and on his own judgment with regard to the
nine members of other races. He appoints the one Rotuman
Senator on the advice of the Rotuman Council. The Prime
Minister, who along with the Cabinet holds most of the
executive authority, is chosen by the President from among the
Fijian members of the lower house on the basis of his ability
to command majority support within that body.
Elections are held by secret ballot, with voting only by
communal constituencies. The 1990 Constitution calls for
elections every 5 years, but the Government may call an
election at any time. The Constitution (Article 161) provides
for a formal review of its provisions within 7 years of its
promulgation (1997) and every 10 years thereafter.
In 1991 Major General Sitiveni Rabuka, the officer who led the
1987 coups, resigned as commander of the Fiji Military Forces
(FMF) and entered the free and fair May 1992 elections (in
which nearly 80 percent of Fiji's registered voters--both
ethnic Fijians and Indo-Fijians--participated). He was
overwhelmingly elected to Parliament by his local
constituency. The President selected him to be Prime Minister
after Rabuka demonstrated that he commanded majority support in
the House of Representatives. When his 1994 budget was
rejected by Parliament in November 1993, Rabuka asked the
Acting President to dissolve that body in accordance with the
Constitution. Another general election is slated for February
1994. The 1993 municipal elections were also free and fair.
Two of Fiji's major parties are predominantly Indo-Fijian.
These parties, the National Federation Party (NFP) and the Fiji
Labour Party (FLP), have pledged to continue their opposition
of the 1990 Constitution in the Parliament.
The mandated constitutional review, expected to take until 1997
to complete, got under way in 1992 with the creation of an
expanded subcabinet committee led by Deputy Prime Minister
Bole. The committee includes representatives of the opposition
NFP. It formulated terms of reference, adopted by Parliament
in September, for an independent review commission, including
impartial foreign advisors. The FLP has refused to participate
in the subcabinet committee, insisting on rapid convening of
the promised parliamentary select committee whose proceedings
would be more open and accountable to the Parliament. The FLP
walked out of Parliament in June in protest, inter alia, of
government footdragging in the review process, saying creation
of the parliamentary select committee could bring them back.
The FLP returned to the September parliamentary session to
participate in the debate over the motion setting terms of
reference for the parliamentary constitutional review
commission.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no local groups in Fiji which focus solely on human
rights matters, but the women's rights movement, the labor
movement, and various political groups are involved in
promoting a number of human rights causes. There are also
several small foreign-based organizations which concentrate on
human rights causes in Fiji. These include the Coalition for
Democracy in Fiji (with offices in New Zealand and Australia)
and two United Kingdom-based groups, the International Fiji
Movement and the Movement for Democracy in Fiji.
The Government strongly opposes what it considers external
interference in its domestic affairs and has invoked this
principle in the past to inhibit certain investigations of the
political and human rights situation by external
organizations. However, in 1993 foreign representatives were
allowed to attend both the NFP Annual General Meeting (July)
and the Fiji Law Society Convention (August) where they roundly
criticized the 1990 Constitution. Their opinions were fully
and prominently covered in the press.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Although the new Constitution also provides specific
affirmative action provisions to improve the conditions of
those disadvantaged as a result of race, sex, place of origin,
political opinion, color, religion, or creed, the Government
practices sexual discrimination in the recognition of spousal
and offspring rights. For example, spouses of Fiji citizen
women are not automatically granted residence, whereas spouses
of Fiji citizen males are. Offspring of female ethnic Fijians
married to nonethnic Fijians are not entitled to registry in
the document governing who shares in income from communal
ownership of native lands and who has the right to vote as an
ethnic Fijian and hold ethnic Fijian designated seats in
Parliament. Men, however, pass on ethnic Fijian status to
their offspring regardless of the wife's ethnic background. In
a high-profile 1992 court challenge to the registration
restrictions, the son of a Chinese father and ethnic Fijian
mother won his appeal to be registered as an ethnic Fijian.
The long-term effects of the decision on registration
restrictions and thus a woman's right to pass on her ethnic
status were not clear by year's end.
Women in both the Fijian and Indian communities have functioned
primarily in traditional roles, although some women rise to
high places in the public service, politics, and business.
Women can also attain high status in Fiji's traditional chiefly
system. The former Prime Minister's wife is, in her own right,
Fiji's second highest ranking traditional chief. In general,
women in the Fijian community are more likely to rise to
prominence in their own right than are women in the Indian
community. Women have full rights of property ownership and
inheritance, and a number have become successful
entrepreneurs. Women are generally paid less than men, a
discrepancy that is especially notable in the garment
industry. Garment workers, most of whom are female, are
subject to a special minimum wage considerably lower than that
in other sectors.
There is a small but active women's rights movement, which has
pressed for more serious treatment of rape in the courts. The
crime tends to draw widely varying but usually short prison
sentences (a few years). Within the same month, one case
involving a 16-year-old victim resulted in a 6-year sentence
and three strokes of the cane (allowed by law), while another
convicted rapist was merely fined the equivalent of $200 and
put on probation.
Domestic violence is also a problem in Fiji and is a second
major focus of the women's movement. The authorities are
generally reluctant to intervene in cases of domestic violence
unless it is necessary to save the woman's life. Few cases
result in prosecution, as the victim generally does not press
charges. The Government has not been active in dealing with
domestic violence.
Suva, the capital, and the regional center of Ba have privately
funded women's crisis centers which offer counseling and
assistance to women in cases of rape, domestic violence, and
other problems, such as child support payments. There is,
overall, a growing awareness of women's issues, with Fiji
playing host to several women's rights' conferences and
workshops during the year.
Children
Changes centered around the undermining of the traditional
village and extended family based society--and great
improvements in record keeping--have revealed a major problem
of child abuse in Fiji. Reported cases of abuse or neglect
have jumped from 365 in 1990 to 619 by August of 1993. The
Fijian legal system is inadequate to protect the rights of
children, with children's evidence being inadmissible unless
corroborated by an adult. The Government created a child
welfare committee this year to address these problems, but it
is likely to remain reluctant to become involved in family
matters.
Children have not had an exalted place in Fiji, particularly in
ethnic Fijian families. Children eat only after first fathers
and then mothers have eaten their fill. Education is not
mandatory in Fiji; most primary and secondary schools are
managed and funded by the local community, social
organizations, or church groups. Currently, the Government
provides only some 5 percent of the schools--although it does
support the salaries of the majority of teachers even in
private schools.
National/Racial/Ethnic Minorities
The stated purpose of the 1987 military coups was to ensure the
political supremacy of the indigenous Fijian people and to
protect their traditional way of life and communal control of
land. To this end a number of measures have been taken that
favor the Fijian community over the other ethnic groups. The
most obvious are the apportionment of seats in Parliament to
guarantee a preponderance of ethnic Fijians and constitutional
provisions ensuring selection of an ethnic Fijian President and
Prime Minister. The Government is also committed to raising
the proportion of ethnic Fijians and Rotumans in the public
service to 50 percent or more at all levels. This is reflected
in current promotion and hiring policies in the public service
favoring ethnic Fijians. It has resulted in some Indo-Fijians
complaining of a "glass ceiling" whereby, despite their
experience and higher educational achievements, they are not
promoted beyond middle management.
Control of land is a highly sensitive issue in Fiji. About 83
percent of the land is held communally by indigenous Fijians.
Most cash crop farmers are Indo-Fijians, who lease their land
from the Fijian landowners through the Native Lands Trust
Board. The present land ownership arrangements were instituted
by the British to protect the interests of the indigenous
Fijians. Freehold land title is not an indigenous concept;
lands owned currently by the State (8 percent) and by
individuals (9 percent) were transferred from customary owners
during the colonial period. Many Indo-Fijians, particularly
farmers, believe that the absence of secure land tenure
discriminates against them. Between 1997 and 2000, the
majority of the current leases will expire. A review of the
current land tenure/leasing arrangements is under way.
Indo-Fijians are subject to occasional harassment and crime
based on race, which is compounded by inadequate police
protection. There have been no credible allegations of
government involvement in such incidents, and the police have
investigated and, where possible, arrested lawbreakers.
People with Disabilities
There is no legal discrimination against physically disabled
persons in employment, education, and provision of other state
services in Fiji. Limited special education facilities are
provided in the capital. The Fiji Disabled People's
Association, a small voluntary organization based in Suva, is
pushing for better health care and special education for the
disabled. There are no mandated provisions of accessibility
for the disabled.
Section 6 Worker Rights
a. The Right of Association
Workers' rights to form and join unions, elect their own
representatives, publicize their views on labor matters, and
determine their own policies are protected by law and observed
in practice. However, the law permits restrictions to be
applied on government employees in the interests of defense,
public safety, public order, public morality, or public health,
and to protect the rights and freedoms of other persons. About
19 percent of the labor force is unionized.
All unions must register with, but are not controlled by, the
Government. The only national labor federation is the Fiji
Trade Union Congress (FTUC), which was closely associated with
the opposition FLP until mid-1992. The FTUC is free to
associate internationally and does so. The labor movement is
led largely by Indo-Fijians. Persons with close ties to the
Government have started rival unions primarily for ethnic
Fijians; these unions are more amenable to political
cooperation with the Government.
Following several years in which labor-government relations
were marred by confrontational tactics, the 1992 return to
elected government marked the beginning of a more cooperative
relationship.
In November 1991, the interim government had created
considerable antagonism when it passed, as part of its economic
package, certain labor "reforms" (Decrees 42, 43, and 44) which
unilaterally altered the role of the labor unions and regulated
internal union matters. The Fiji trade unions rejected the
decrees and sought support from the international labor
movement to convince the Government to rescind the decrees.
The Committee on Freedom of Association of the International
Labor Organization (ILO) in November 1992 recommended specific
changes to the Fijian "reforms" to restore the rights Fijian
workers and their unions had enjoyed previously.
The Rabuka Government undertook to find ways to reestablish a
dialog with the unions. In September 1992, the new Minister of
Labour and Industrial Relations took concrete steps to address
the unions' concerns, including formal recognition of the FTUC
and a public pledge to review the interim Government's
"reforms" and a further pledge to eliminate those aspects of
the decrees considered objectionable by labor.
In December 1992, the automatic dues checkoff system through
which nearly all unions received their operating funds was
reinstated (satisfying a pressing demand of the FTUC). In July
1993, the Cabinet agreed in principle to remove the most
offensive of the 1991 labor "reforms" which had been the
subject of the ILO recommendations and the GSP review process,
but implementing legislation had not made its way through the
system by year's end. One 1991 regulation, that prohibited
union leaders from holding multiple union offices, has been
eliminated by the July 1993 Cabinet decisions. This action
canceled a court case pending against former FTUC union head
and Indo-Fijian political leader, Mahendra Chaudhry.
Strikes are legal in Fiji. However, the 1991 right-to-strike
decrees are still in effect. Strikes are banned in connection
with union recognition disputes. Once a recognized union votes
to strike, that vote is valid for 6 weeks. If the union has
not gone out on strike before the 6 week deadline, another vote
must be taken. There is no current limit on the length of a
strike. The Government is involved in certifying union
balloting, which can be an elaborate process given the distance
between some of the island locations in the country. The
largest strike (involving some 500 workers) of 1993 took place
at the Pafco fish-canning facility in Levuka over working
conditions and leadership. Local chiefs, the Ministry of
Labor, and the company negotiated a settlement after 10 days.
The most noteworthy strike was the September 6 walkout by dock
workers in Suva, in protest of the Port Authority's contracting
out of stevedoring at the Lautoka Wharf. Once the authority
chairman was replaced by the Government, work resumed. The
strike by the Fiji Mine Workers' Union (FMWU) at the Vatukoula
gold mine which began in 1991 continued. A rival union, the
Mine Workers' Council (MWC), was organized and recognized by
both the new management and the Government when it garnered
membership from more than half the work force. After
considerable legal action and appeals by the FMWU and mine
management, the courts decided that the MWC was the valid
representative of the workers. The FTUC has decried the MWC as
an "in-house" union; fired FMWU members continued to occupy
mine company housing.
b. The Right to Organize and Bargain Collectively
The law recognizes the right to organize and bargain
collectively. Employers are required to recognize a union if
more than half the employees in a workplace have joined it.
Recognition is determined by union membership numbers rather
than by an election. The Government has the power to order
recalcitrant employers to recognize unions and has done so.
Key sectors of the economy, including sugar and tourism, are
heavily organized. Following the May 1992 elections, the
Government lifted wage guidelines and unrestricted collective
bargaining on wages is now the norm.
Wage negotiations are conducted on an individual company or
enterprise basis rather than on an industrywide basis. A
Government proposal to introduce such industry-wide
negotiations has been opposed by employers and unions. Union
leaders fear that straight market-based wage bargaining would
open unacceptably large wage gaps between skilled and unskilled
workers. Until 1984 a tripartite forum of employers, unions,
and government oversaw labor negotiations. In that year,
however, labor withdrew from the forum and it was abolished.
The body was restored in June 1993 as the Economic Strategies
Committee, but the FTUC has refused to participate.
Antiunion discrimination is specifically prohibited by Fijian
law. In practice, the unions are generally successful in
preventing discrimination against workers for union activities,
but the law does not mandate that such workers be reinstated.
Fiji's export processing zones are subject to the same laws as
the rest of the country, and many of their firms have unions
which have negotiated collective bargaining agreements.
c. Prohibition of Forced or Compulsory Labor
The Constitution specifically prohibits forced labor, and there
is no indication that it is practiced.
d. Minimum Age for Employment of Children
Children underage 12 may not be employed in any capacity.
"Children" (under age 15) and "young persons" (ages 15 to 17)
may not be employed in industry or work with machinery.
Enforcement by the Ministry of Labour and Industrial Relations
generally is effective, except in the case of family members
working on family farms or businesses.
e. Acceptable Conditions of Work
No national minimum wage has been established. Certain sectors
have minimum wages set by the Ministry for Labour and
Industrial Relations. For example, garment workers' hourly
wages are at $0.49 ($F0.72) for learners and $0.62 ($F0.94)
for all others. In the tourism sector, the minimum hourly wage
starts at $0.91 ($F1.37). Office workers may earn as much as
$1.12 ($F1.68) as a starting hourly salary. Skilled heavy
machinery operators earn in the range of over $1.49 ($F2.21)
per hour. These minimum wages are effectively enforced and
generally support a barely adequate standard of living in all
sectors except the garment industry, in which the starting wage
is based on the assumption that workers are young adults or
married women living at home and not supporting a household.
Fiji has no regulation specifying maximum hours of work for
adult males. Women are prohibited from night work in factories
(other than overtime work in the garment industry) and
underground work in mines. Certain industries, notably
transportation and shipping, have problems with excessive hours
of work. Indo-Fijians, who generally require a cash income to
survive, are more vulnerable to pressure to work long hours
than ethnic Fijians. Many ethnic Fijians can and do return to
a noncash economy way of life in their villages rather than
work what they consider to be excessive hours.
Fiji has workplace safety regulations, a Workmen's Compensation
Act, and an Accident Compensation Plan. Awards for workers
injured on the job are set by a tribunal. Government
enforcement of safety standards under the direction of the
Labour Ministry suffers from a lack of trained enforcement
personnel, but the unions do a reasonable job of monitoring
safety standards in organized workplaces. The ILO's November
1992 recommendations cited the need to improve working
conditions. Problems are particularly widespread in the
garment industry.
[end of document]
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