Читайте также:
|
11. The Fiji Constitution of 1997 provides that the conduct of government shall be based on a number of principles, including full respect for the rights of all individuals, communities and groups.[7]
12. Section 12 of the Royal Fiji Military Forces Act (FMF Act) states that the President, acting on the advice of the Minister, must appoint a Commander of the Republic of Fiji Military Forces to exercise military executive command of the Forces, subject to the control of the Minister. The FMF Act includes provisions under which soldiers, regardless of whether they are retired or in the reserves, in the territorial or regular forces, can be released for duty overseas. The Minister for Home Affairs must first define by legal notice published in The Gazette, after approval by the Cabinet and the President, as Commander in Chief, a purpose or duty that authorizes defence force involvement overseas (sects. 3 (3) and 3 (4)). This also means that the financing of such a venture must be lawfully approved (sect. 3 (4)). No officer or soldier of the FMF, whatever their status, can be allowed to proceed on duty overseas without the Minister’s approval (sect. 3 (4)). Only the President, upon the advice of the Minister of Home Affairs, can disband a section of the FMF or discharge from service any individual soldier to enable such soldier to serve overseas under someone else’s employment and control. This procedure has not been followed yet by either the FMF or the Minister of Home Affairs and his Cabinet.[8]
13. The Working Group notes the existence of an Employment Ordinance, which states, in article 47 (1) of chapter 92, section on “Foreign contracts of service and contracts made abroad”, that when a contract made within Fiji relates to employment in another territory, the attestation of the contract must take place before an attesting officer before the employee leaves Fiji. It also stipulates that a medical examination must take place at the latest by the time the employee leaves Fiji, and enables the labour officer to require security by bond, and penalties including fines and imprisonment for inducing persons to proceed abroad under informal contract.
14. The Ministry of Labour informed the Working Group of the need for labour contracts to be attested and for the two parties thus to agree, and that the Ministry considers that it requires minimal conditions of a “Schedule 3” system to cover accommodation, pay, repatriation and compensation. However, the Ministry of Labour acknowledges that it uses outdated legislation from 1970 which is not sufficient. The Ministry of Labour specifically noted that it has a mandate to “attest” but not to “supervise” whether an individual is leaving for nursing or security work abroad. The system for the supervision of PSCs is to be created by the Ministry of Labour. The Ministry of Labour informed the Working Group of the envisioned enactment of an Employment Act as of October 2007, to include a “licensing” system, not only in enlisting but also in recruitment.[9]
15. In this regard, the Working Group notes the uncertainties surrounding the ability of the interim administration’s ability to adopt law, in light of the in effect disbanded bicameral parliament, the Senate and House of Representatives, since the December 2006 coup d’état.[10] In consulting with the interim authorities, it noted the position of the Acting Chief Justice that in the current context, formative legislation should still be passed to address pressing needs and that such legislation by decree could later be reviewed and ratified once a democratically elected Parliament was in session.
16. If such legislative action would be considered in advance, the Working Group discussed with representatives of the interim Government the different options to transpose the obligations from the 1989 Convention into national legislation to include the amendment of the Penal Code and/or the Employment Act or the enactment of a special law to address the issues.
Дата добавления: 2015-02-16; просмотров: 111 | Поможем написать вашу работу | Нарушение авторских прав |