Country Rating: 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.

The Fiji Sugar Corporation (FSC): The state-owned FSC continues to refuse to negotiate with workers over wages and working conditions – the last wage increase being over 7 years ago. Despite FSC management threats, and the presence of police and military during the strike vote, workers voted overwhelmingly to authorise a strike.

Even with the intervention by the International Labour Organization, urging respect for the workers' right to freedom of association, the regime has only racheted up the pressure. Management is now warning workers that they would not be allowed to return to work if they go on strike and that they would be dealt with by the military. To back up these threats, two truckloads of military officers drove into Lautoka mill on August 21 to "inspect" the mill. The Attorney General himself has also warned the union that he would break the strike by bringing in replacement workers to keep the mills running.

On March 20, 2013, the Prime Minister issued a new draft constitution (after having rejected a draft prepared by an independent expert commission which had received input from thousands of organisations and individuals). Articles 19 and 20 of the draft, while providing that all persons have the right to associate, to join a union, to bargain collectively and to strike, also includes broad exceptions that could be invoked to vitiate those fundamental rights by new laws or decrees or to justify existing harmful decrees. Article 55 also elevates to constitutional law the political parties decree of 2013, including its language regarding trade unions. In January 2013, the government promulgated the Fiji Political Parties Decree which excludes elected or appointed trade union officers from applying for, being a member of, or holding office in a political party. Article 14.2(d) defines as "public officer" any elected or appointed trade union officer, or of any federation, congress, council or affiliation of trade unions. A subsequent amendment to that decree broadened the scope of unionists barred from the political process. Under Art 14.1(c), a trade union official cannot even express support for a political party. If a trade unionist does become an applicant, member or officer, they will be deemed as having resigned from their trade union office under Art 14.5. Anyone defying this decree faces a $50,000 fine, 5 years imprisonment or both. There are continuing restrictions to freedom of assembly and expression. Many of the powers found in the recently repealed Public Emergency Regulations (PER) of 2009 are included and expanded in the 2012 Public Order (Amendment) Decree (POAD). In particular, the broad definition of "act of terrorism" that could be used for charging trade unions, the increased prison sentence of up to five years for holding a meeting without permission and the circumstances in which the police may refuse a permit. The wording of this provision could be used in such a way as to make it difficult for trade unions to hold public meetings.

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