draft executive resolution

14 July 2011

Fiji Resolution
Executive thanks the officers of the Fiji Trades Union Congress (General Secretary Felix Anthony, President Daniel Urai and Assistant General Secretary Rajeshwar Singh) for their report on the current situation in Fiji. Executive notes with alarm the continuing deterioration of human and trade union rights in Fiji, including: The Public Emergency Regulations (PER) enacted in 2006, which defy the principles of accountability, transparency and good governance. The PER allows the regime to operate as an authoritarian government without democratic scrutiny and make a mockery of rule of law; amongst other restrictions under the PER, meetings of more than 5 persons are illegal. The series of Decrees amending the Employment Relations Promulgation [ERP] (Decree #036 of 2007), including: the State Services Decree (#06 of 2009); the Administration of Justice Decree (Decree 9 of 2009) and its amendment Decree 10 of 2009; Decree 25 of 2009; and Decree 4 of 2010. Collectively these Decrees take away unions rights to challenge in any court any decision of Government or Government owned entities to make any employee redundant or change any terms and conditions of employment, despite a collective agreement remaining in force. These Decrees are in violation of ILO core labour standards which Fiji has ratified and is obligated to respect; the Cotonou Agreement which obligates Fiji to respect the core labour standards; and Fijis own labour laws. The sudden promulgation on 16 May 2011 of Decree #21 of 2011 which introduced two further amendments to the ERP. These amendment to Sections 3 and 266 of the ERP summarily removed thousands of Public Employees from the protection of the ERP totally (except OHS and workers compensation), nullifying all active and pending claims by workers against the Government and depriving them of their rights to labour laws, collective bargaining and freedom of association.

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The Fiji Media Decree which imposes strict controls on print and other media reporting anything against the current regime, in complete defiance of principles of press freedom. All media outlets are censored daily by the authorities thereby creating an atmosphere whereby free expression is denied and suppressed. The proposed Vital National Industries Decree and the Critical Industries in Financial Distress Protection Decree whose passage would effectively abolish all existing unions in Fiji.

Executive deplores and condemns the presence of military personnel in sugar mills, the consequent intimidation of workers and the assaults of union officials. Executive further condemns changes made to the governance of the Fiji National Providence Fund (FNPF) and the summary reductions to benefits instituted by the regime. The FNPF is the only social security service in Fiji for all workers. The FNPF Board and management are now controlled by yes men appointed by the military regime, and representation of workers on the Board in accordance with the FNPF Act has been terminated. The FNPF (with the help and advice of foreign consultants) is now implementing a series of drastic changes to workers entitlements, ostensibly for Fund liquidity reasons, cutting annuity rates from 15% to 9% and thereby effecting a gross injustice to workers and pensioners. The regime has failed to recognize that two-thirds of Fijian workers are paid wages below the poverty line. Executive calls on the Government of Fiji to: withdraw immediately all military personnel from all civilian workplaces; amend the law to allow unrestricted trade union activities in the country and stop physical harassment of trade union officials; immediately revoke the PER; restore the 1997 Constitution as it represents a profound and comprehensive commitment to the principles of equality, non-discrimination, human and trade union rights; reverse the planned cuts to pension annuity rates and workers entitlements under the FNPF and ensure proper and transparent governance arrangements for the FNPF Board; and hold immediate elections so that democracy is restored in the country and to set the platform for restoration of international aid and investor confidence, and respect for human and trade union rights.

Executive calls on all wings of the union movement in Fiji to work together in the struggle to maintain trade union bargaining and organising rights, end the military dictatorship and restore democracy. Executive authorizes the ACTU to monitor closely the evolving situation in Fiji and to establish effective mechanisms to inform the international labour movement, the Australian government and the broader international community of developments as they arise; and to raise with the Australian Government, in particular the Minister for Trade, that any trade or other negotiations with Fiji include guarantees for the protection of human and labour rights, including the renewal of the SPARTECA Agreement.
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Executive calls on the ACTU to coordinate with national affiliates, GUFs, the NZCTU, ITUC, ITUC-AP and civil society organisations and declares its readiness to stand steadfast in support of the Fiji union movement and take all appropriate actions to secure the early return of democracy and respect for human and trade union rights in Fiji. In addition, Executive notes that the Vital National Industries Decree may see workers in the airline industry lose up to 60 per cent of their wages. Executive notes the Qantas Group's nearly 50 per cent share in Air Pacific and the involvement of members of Qantas management in Fijian corporate affairs generally. Executive supports actions by Australian, Fijian and ITF officials to protect reasonable and fair industrial standards. Executive will communicate to the Qantas board the implications of the Decree and call on the board to support its Fijian workforce and reject the Decree. Executive directs that this resolution be referred to the International Committee for monitoring and follow-up, including advice to affiliates regarding specific actions to be taken.

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