• October 16, 2024

Rule of Law

 

The FTUC is alarmed at the members of Parliament who are condemning the stringent penalties for violations of labor laws that dehumanize workers and bring about severe pain and difficulties to families, many of whom are forced to live under the poverty line forever. These are the very MPs who are tasked with making laws that are fair to all people and ensuring that the laws are upheld, that human and workers’ rights are fully respected, and that it is the responsibility of those who are privileged to lift those who are not so privileged. We must look after the weaker members of our communities and not simply cater to the demands of the powerful. It is astounding to hear MPs express sympathy for those who break the law and protect them from being held responsible for their actions. We expect more from our MPs.

It is of great concern that we have not learnt from the past, where penalties for violations of laws have not achieved the intended results of ensuring that these laws are taken seriously. The current penalties do not act as a deterrent for violations of the law. An example is an employer who hasn’t paid overtimes rates and made illegal deductions for wages to the tune of more than 2 million dollars which was assessed by the ministry some 5 years ago and is still languishing in the courts, while the employer continues to violate the laws. And there are many examples of a similar nature. Without serious consequences, employers will continue with irresponsible behavior. And this should not be the norm. We should not condone lawbreakers and those who dehumanize workers and their families. However, when workers or individuals break the law, there should be stringent consequences and clearly, there are two different standards at play, and this has been the norm in Fiji for far too long.

We reiterate that employers who abide by the law need not worry about penalties. It is those who have no intention of abiding by the law who need to worry, and they should not have their MPs crying out as if their human rights are being denied. MPs must be the first to demand the rule of law and set a good example, rather than standing in defense of those who violate the law.

The enforcement of labor laws has been a long-standing concern for unions and has been recognized by good employers for a very long time. It is important that these laws are enforced without any form of discrimination, and that labor inspectors have the authority to ensure enforcement.

The FTUC demands that we put into action what we have pledged to uphold, both to the ILO and to the people of Fiji; that is, respect for all ILO Core Conventions and recommendations from the ILO Committee of Experts. These pledges are on record. Let us not weaken in our resolve to fulfill these obligations.

It is unfortunate that, while the FCEF has decided not to participate or engage with the Government and FTUC in recent meetings, even walking out of an ERAB meeting, they are now trying to politicize the issue. The FCEF, having previously failed to act when called upon, now attempts to restart consultations. This is regrettable. We also call on FCEF to stop the fear mongering using small and medium enterprises as an excuse. This is becoming a fuss. We call on FCEF to stop using market vendors and small family-owned business to whom the ERA never applied to protect the big boys who are members of FCEF. We do not believe that the new CEO of FCEF has any knowledge of the consultations that have taken place over the last 12 years and most recently when the review was completed. However, we do expect him to understand the ILO Conventions and the Reports of the Experts having been a consultant for the ILO in the past using an example of the extreme fines create fear mongering and misleading people.

The restoration of workers’ rights is non-negotiable. We, in the FTUC, remain firm and committed to ensuring that Fiji fully complies with its international obligations and joins the ranks of respected states within the ILO and the United Nations.

 

Felix Anthony

National Secretary

 

 

 

 

 

 

 

 

 

 

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