573:
that workers may strike. Just as many other countries do, it makes it subject to certain conditions, including providing employees with a vote in favour or against it." And to the question "Are employers allowed to impose terms and conditions on workers?", the answer given is: "A due process must be followed as set out in the decree, involving good faith negotiations for at least 60 days in the case of a replacement agreement. Only after that would an employer have the right to implement new terms and conditions. Employees would have the right to appeal to the
Minister for a review of the new terms."
27:
643:"By going ahead with this Decree the Government has demonstrated the same lack of concern for the views of the international community as it has for the rights and aspirations of its own people. What is really essential for Fiji is that it change course now. That means reversing this and other restrictive labour decrees, a return to dialogue with trade unions and employers, an end to assaults on and harassment of trade unionists, and the immediate restoration of basic civil liberties."
173:
467:, slowdowns or other financially or operationally harmful activities shall be permitted at any time for any reason". Strikes are permitted only if employees have been negotiating unsuccessfully for at least three years for a collective agreement with their employer, and if they thereupon provide twenty-eight days' advance notice of the strike to their employer and to the government, and if the government approves the requested strike. The employer may then
580:"In support of the great strides Fijian workers have made in recent time, the Fijian Government’s labour and employment protection benefits are responsible, comprehensive and genuine. The Fijian Government takes seriously the need to balance the well-being of Fiji’s economy and its ability to provide jobs with the intent to improve the quality of life for all Fijians and, importantly, to uphold justice and promote fundamental workers' rights.
447:"If an employer has suffered operating losses for two consecutive fiscal years, or two years of actual or expected operating losses in a three-year period, it shall have the immediate right to renegotiate all its existing collective agreements". If no agreement can be reached with employees, the employer then sends a proposal to the government, which may approve it as binding upon employees, replacing any necessity for an agreement (art.23);
563:, subject to government censorship, reported simply that "he terms of the Essential National Industries (Employment) Decree 2011 will govern the labour laws of the declared enterprises, ensuring the viability and sustainability of the industries while protecting fundamental workers' rights". It quoted Sayed-Khaiyum's statement that "he Government takes providing for and protecting workers' rights very seriously".
554:
reactions, he argued that the decree would actually preserve jobs: "We have found in companies that are financially unstable that if certain steps aren’t taken, they could close down therefore there’ll be job losses. Unionists that are not employees don’t have a particular self interest in preserving or maintaining the life of the company. You have to maintain the life of the company to make sure jobs are secure".
386:. Moreover, Fiji, which ratified Convention 98(1974) and Convention 87 (2002), is obliged to observe the workers' rights enshrined in them. Furthermore, these incidents constitute a serious impediment to Fiji's long overdue return to democracy, tarnish the image of your country and further aggravate the current difficulties, making social dialogue and reconciliation even more difficult."
407:, President of the CTU, stated that "earlier in the year, Felix Anthony of the FTUC was physically assaulted. The regime is perpetrating a deliberate attack on trade union rights by issuing decrees making it almost impossible for unions to function and removing internationally recognized civil rights of freedom of assembly and collective bargaining."
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issued a statement saying the Decree "offers major weapons to the employers to utilise against unions It outlaws professional trade unionists, eliminates existing collective agreements, promotes a biased system of non-professional bargaining agents to represent workers, severely restricts industrial
664:
Conventions and must act in conformity with them. It cannot promulgate laws that contravene these
Conventions or go around physically bashing union leaders. Both the local unions and the international trade union movement have written to the government protesting against its anti-union policies and
585:
We do not believe these are mutually exclusive goals. We continue to strive to ensure our body of employment and labour laws uphold our duty and commitment to the Fijian people. Meanwhile, trade unions cannot be allowed to hold essential industries ransom by blocking changes to terms and conditions
572:
published an explanatory article by the
Ministry of Information, including a list of "frequently asked questions" to reassure readers. To the question "Does the decree remove workers' right to strike, as some have claimed?", the answer provided is: "No. The decree upholds the fundamental principle
253:, and took his place at the head of an "interim government," composed of both civilian and military ministers. Bainimarama stated that his main reasons for overthrowing the Qarase government were that it was corrupt, and that it was conducting racially discriminatory policies against the country's
491:
The
Essential National Industries and Designated Corporations Regulations 2011 were issued by Commodore Bainimarama on 8 September "in exercise of the powers vested in me by section 31" of the Decree, to come into force the following day. They provided a list of the country's "essential national
325:, on the western side of Fiji. The union representatives were subsequently assaulted by military officers while still at the mill, then taken to Namaka military barracks and subjected to further beatings. As they were released from the barracks, they were again threatened with further violence."
443:
An employer may appeal to the government to cancel a representative's election if he or she at any time has "reliable objective information and evidence" that "at least 35% of workers" no longer support that representative (art.15); this enables the employer to cancel any "existing or current
553:
played down the idea that there was anything exceptional about the Decree, during a press conference prior to its finalisation. He argued that "some countries restrict any strikes in essential services", and that "the principle of essential services is not anything new". In response to union
707:
In late
October and early November, Fijian Trades Union Congress leaders Daniel Urai and Felix Anthony were both separately arrested, and reportedly held without charge. The Australian government said the Fiji authorities were "targeting and intimidating trade unionists".
382:. We note that the arrest of the FTUC President comes in the wake of the introduction of a new decree which further restricts the exercise of trade union and human rights in Fiji under the military regime. The arrests of trade unionists are a gross violation of the ILO
665:
decrees. There has been no response. How does one take up issues with a government that does not respond to concerns raised with it, does not consult and thinks it can govern through arbitrary decisions, suppression of rights, intimidation and physical violence ?"
677:, who had at first supported the 2006 military coup, stated that "many rights have been completely diminished or even removed" by the Decree. She added that it showed the Bainimarama government was no longer interested in consensual policy-making.
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said it shared the
Australian union's concerns, and issued the following statement: "We are very concerned about the physical intimidation and beatings of union officials in Fiji and also the decrees that remove work rights".
423:, whose role as head of State is an essentially ceremonial one. Its main stated objective is to "ensure the present and continued viability and sustainability of essential national industries for the benefit of Fiji".
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any striking workers and "unilaterally impose terms and conditions of employment". Any worker taking part in an unauthorised strike may face a sentence of up to five years' imprisonment, combined with a fine of up to
288:
For several months, there had been considerable concern, expressed particularly by foreign trades union organisations, about restrictions on the rights of unions in Fiji, including acts of violence against unionists.
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for some 2 hours. His family, including his children, were also threatened. On 18 February, Anthony and other union officials from the sugar industry were called to meet the Fijian Prime
Minister at a sugar mill in
972:
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condemned the Decree as "a breathtaking abuse of fundamental rights takes away nearly all collective bargaining rights in essential companies virtually abolishes the right to strike". It added: "Fundamental
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No court of law, tribunal or commission has any jurisdiction to examine the legality or validity of the decree or of any decision made by the government or by any employer in application thereof (art.30).
460:"Disputes over discipline and discharge" are to be settled within the company, or by the government if ultimately unresolved, with no recourse to any court of law or any judicial institution (art.26);
265:. In a speech publicly announcing the coup, he stated that Qarase's policies had "divided the nation now and will have very serious consequences to our future generations." He promised to amend the
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628:, and the right to organise. Amnesty International stands steadfast in solidarity with workers in Fiji and the Fiji labour movement in their struggle to defend their rights."
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609:, said: "We have never seen anything worse than this decree. It is without doubt designed to decimate unions by giving an unfair advantage over workers and unions".
533:
575:
The final question is "What is your response to the claim that the
Government has wiped out decades of advances for its workers?", with the government responding:
655:, published a statement in July which did not specifically mention the Decree but addressed the government's broader policies in relation to trade unions:
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action, strengthens sanctions against legally striking workers and bans overtime payments and other allowances for workers in 24-hour operations".
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437:"All existing collective agreements" between employees and their employers are voided 60 days after the commencement of the decree (art.8);
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took steps to protect its Fiji-based workers "from state-sanctioned violence." This followed claims by Fijian union members, particularly
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was taken from his home by 3 uniformed military officers and subjected to threats whilst being driven around the back roads of
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50,000. The government may order the end of any strike (or lockout) in "any essential national industry" at any time (art.27);
342:, that they had been punched, kicked and "hit with rubber belts" by soldiers questioning their loyalty to the government. The
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Art.24 also abolishes the Wages
Council's jurisdiction over "any 'designated corporation' or essential national industry";
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692:, said that, within the Commonwealth, the worst abuses of workers' rights were currently occurring in Fiji and in
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365:, General Secretary of the British TUC, wrote again to the Fiji High Commissioner in London, to express
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expressed concern about "the reported detention and beating of several trade unionists" in Fiji.
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819:"More trouble in paradise: harassment of Fijian trade unions by military Government worsen"
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sent a protest to the Fiji High
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Sayed-Khaiyum dismissed the criticism, saying much of it was based on "misinformation".
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on Saturdays, Sundays or public holidays, unless granted by the employer (art.24);
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condemned the police break-up of a meeting of the Fiji Trades Union Congress in
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696:. The Commonwealth Trade Union Group called for condemnation of the Decree.
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Essential National Industries and Designated Corporations Regulations 2011
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Decree No.35 2011 - Essential National Industries (Employment) Decree 2011
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The decree prevails over any inconsistency with any existing law (art.28);
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Essential National Industries and Designated Corporations Regulations 2011
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334:'s Transport Workers Union threatened to disrupt flights to Fiji unless
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246:, overthrew democratically elected indigenous nationalist conservative
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961:"Warning on Fiji government plan to severely restrict workers' rights"
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843:"Arrest of Mr Daniel Urai, President of Fiji Trades Union Congress"
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Within "designated corporations", employees have no entitlement to
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No public protests or demonstrations are allowed in Fiji, but the
787:"Fiji: End military intimidation and beatings of union officials"
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must re-register in order to continue their activities (art.6);
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in September 2011. It was followed a few days later by the
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744:"Commander RFMF - Public Declaration of Military Takeover"
973:"Statement on Fiji, by ILO Director-General Juan Somavia"
949:"11 companies declared essential by Fiji military regime"
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industries", as determined by Bainimarama. They are: the
384:
Declaration of Fundamental Principles and Rights at Work
1040:, Australian Broadcasting Corporation, 5 November 2011
975:, International Labour Organization, 13 September 2011
212:
Essential National Industries (Employment) Decree 2011
862:"Human and trade union rights on trial in Fiji today"
994:, Mahendra Chaudhry, Fiji Labour Party, 23 July 2011
775:"Fiji: Arbitrary detentions and beatings must stop"
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The government and trade unions prior to the decree
586:and taking damaging strike action with impunity."
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1038:"Union mulls Fiji travel boycott after arrests"
884:"Union/govt face off: Decree deepens division"
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280:and imposed strict censorship of the media.
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765:, Michael Field, Stuff.co.nz, 17 April 2009
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399:held a protest following Urai's arrest for
276:Subsequently, his government abolished the
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397:Amnesty International Aotearoa New Zealand
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777:, Amnesty International, 24 February 2011
82:Essential National Industries Decree 2011
951:, ABC Radio Australia, 13 September 2011
703:Aftermath: Arrest of trade union leaders
682:Commonwealth Heads of Government Meeting
415:The decree was officially issued by the
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963:, Amnesty International, 8 August 2011
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852:, Trades Union Congress, 4 August 2011
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108:Charter for Change, Peace and Progress
871:, New Zealand Council of Trade Unions
620:are at stake, including the right to
514:Fiji International Telecommunications
1004:"ACTU slams lack of workers' rights"
607:Fiji Islands Council of Trade Unions
510:Fiji Revenue & Customs Authority
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808:, ABC Radio Australia, 19 July 2011
796:, Trades Union Congress, March 2011
763:"Bainimarama says he is the future"
393:New Zealand Council of Trade Unions
344:New Zealand Council of Trade Unions
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985:"On trade unions and their rights"
753:, Fiji government, 5 December 2006
690:Australian Council of Trade Unions
352:Australian Council of Trade Unions
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238:On 5 December 2006, Commodore
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675:Fiji Human Rights Commission
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1019:. Fiji Sun. 11 August 2011
634:, Director-General of the
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530:Fiji Electricity Authority
463:"No job actions, strikes,
426:Its terms are as follows:
376:Fiji Trades Union Congress
267:race-based electoral rolls
120:2009 constitutional crisis
749:15 September 2009 at the
726:, Fiji government website
720:, Fiji government website
673:, former director of the
545:Government and Fiji press
234:Background: the 2006 coup
889:15 November 2011 at the
792:11 November 2011 at the
487:Terms of the regulations
64:Leader of the Opposition
34:This article is part of
1082:2011 in labor relations
680:In October, during the
540:Rationale and reactions
534:Water Authority of Fiji
1006:, AAP, 26 October 2011
908:"Essential industries"
824:. ACTU. 13 August 2011
622:freedom of association
378:, on 3 August 2011 in
1017:"ILO meet 'fruitful'"
990:8 August 2011 at the
925:"What work laws mean"
867:25 March 2012 at the
848:5 August 2011 at the
613:Amnesty International
301:Trades Union Congress
294:Amnesty International
660:"Fiji has ratified
914:, 11 September 2011
688:, President of the
551:Aiyaz Sayed-Khaiyum
411:Terms of the decree
263:indigenous majority
261:" in favour of the
214:is a controversial
502:Bank South Pacific
292:In February 2011,
259:affirmative action
240:Voreqe Bainimarama
1062:Fijian labour law
653:Fiji Labour Party
649:Mahendra Chaudhry
549:Attorney General
417:President of Fiji
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312:"On 12 February,
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1067:2011 in law
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603:Attar Singh
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372:Daniel Urai
255:Indo-Fijian
1051:Categories
912:Fiji Times
731:References
638:, stated:
560:Fiji Times
532:, and the
67:2022–2023
61:2006–2022
694:Swaziland
592:Criticism
465:sick outs
332:Australia
330:In July,
273:nation".
103:2006 coup
98:2000 coup
1023:25 April
988:Archived
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887:Archived
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469:lock out
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88:Timeline
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822:(PDF)
135:COP23
1025:2023
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830:2023
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391:The
380:Suva
356:Nadi
210:The
166:2022
161:2018
156:2014
662:ILO
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910:,
893:,
876:^
536:.
524:,
516:,
512:,
504:,
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419:,
403:.
358:.
323:Ba
230:.
1027:.
935:.
832:.
199:e
192:t
185:v
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