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Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - Fiji (Ratification: 2003)

Other comments on C138

Observation
  1. 2025
  2. 2014

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Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee notes from the Government’s report that the National Action Plan 2021–2025 and the National Child Labour Policy are expected to be reactivated for formal adoption and implementation following the ongoing review of the Employment Relations Act (ERA), 2007.
The Committee notes that between 2011 and 2024, a total of 267 cases of child labour were identified, including 71 girls and 196 boys. In 2024, five cases of child labour were reported, involving four boys and one girl. It further notes that, according to UNICEF’s 2024 country fact sheet, 17 per cent of children between the ages of 5 and 11 are engaged in child labour in Fiji, with boys being more affected than girls. The Committee requests the Government to strengthen its efforts to ensure the progressive elimination of child labour. It requests the Government to continue to provide information on the adoption and implementation of the National Action Plan 2021–25 and the National Child Labour Policy. It also requests it to continue to provide updated statistical information on the nature, extent, and trends of child labour, disaggregated by age and sex, where possible.
Article 2(1). Minimum age for admission to employment or work. The Committee notes the Government’s indication that the revised proposal of the ERA 2007 is currently under review by the Office of the Solicitor General. It notes the Government’s confirmation that the revised draft of the ERA 2007 includes a provision to raise the minimum working age from 15 to 16 years. The Committee firmly hopes that the revision of the Employment Relations Act (ERA) 2007 will be adopted in the near future and requests the Government to provide a copy of the legislation once it has been adopted.
Article 7(1) and (3). Light work and determination of light work activities. The Committee notes the Government’s indication that, as part of the ongoing review of the ERA 2007, consultations are currently conducted between the Ministry of Employment, Productivity and Industrial Relations and relevant stakeholders. The Committee further notes that this review includes consideration of a revision of the definition of light work and the identification of appropriate types of light work and associated conditions, including age-appropriate tasks, working hours, and the impact of work on children’s schooling and health. The Committee requests the Government to take the necessary measures to ensure that the proposed regulations on light work, including the list of light work activities, will be adopted in the near future. It requests the Government to provide a copy of the adopted regulations once available.
Article 8. Artistic performances. The Committee notes that draft regulations concerning the participation of children in artistic performances are currently under development, and that the relevant authorities are actively engaged in consultations with stakeholders to refine the legal framework. The Committee further notes the Government’s indication that the revisions aim to establish clear guidelines on working hours, rest periods, educational provisions, and mechanisms for monitoring and enforcement, reflecting a commitment to strengthening child protection in the artistic performance sector. The Committee requests the Government to ensure that the proposed regulations on artistic performances will be adopted in the near future and requests the Government to continue to provide information in this regard, and to provide a copy of the regulations once adopted.
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