Data Dashboards

Fiji
Measurement
Measuring the Change

using prevalence data providing the widest temporal coverage of the most complete and comparable measures available by ICLS standards.

Due to lack of nationally representative data, there is no change to report.

%
Best Target 8.7. Data:

No Data Available

Data Availability
  • Child labour: No nationally representative data
  • Forced labour: No nationally representative data
  • Human trafficking: No nationally representative data
Context
Human Development

Human Development Index Score: 0.741 (2017)

Mean School Years: 10.5 years (2015)

Labour Indicators

Vulnerable Employment: 39% (2005)

Working Poverty Rate: 4.2% (2016)

Government Efforts
Key Ratifications
  • ILO Protocol of 2014 to the Forced Labour Convention, P029: Not ratified
  • ILO Worst Forms of Child Labour Convention, C182: Ratified 2002
  • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Accession 2017
Social Protection Coverage

General (at least one): Not available

Unemployed: Not available

Pension: 10.6% (2016)

Vulnerable: Not available

Children: Not available

Disabled: Not available

Poor: Not available

Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.

No nationally representative data is available on child labour prevalence in Fiji.

Visit the How to Measure the Change page for information on ILO-SIMPOC methods and guidelines for defining, measuring and collecting data on child labour.

Measuring the incidence of forced labour is a much more recent endeavour and presents unique methodological challenges compared to the measurement of child labour.

No nationally representative data is available on forced labour prevalence in Fiji.

Visit the How to Measure the Change page for information on new guidelines presented by the International Labour Organization and adopted by the International Conference of Labour Statisticians.

The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.

No nationally representative data is available on human trafficking prevalence in Fiji.

Visit the How to Measure the Change page to learn about measuring human trafficking prevalence, including information on collecting data through national referral mechanisms and producing prevalence statistics using Multiple Systems Estimation (MSE).

Case Data: International and Non-Governmental Organizations

Civil society organizations (CSOs) focused on human trafficking victim assistance can serve as crucial sources of data given their ability to reach a population that is notoriously difficult to sample.

Counter Trafficking Data Collaborative (CTDC): The International Organization for Migration (IOM), Polaris and Liberty Asia have launched a global data repository on human trafficking, with data contributed by counter-trafficking partner organizations around the world. Not only does the CTDC serve as a central repository for this critical information, it also publishes normed and harmonized data from various organizations using a unified schema. This global dataset facilitates an unparalleled level of cross-border, trans-agency analysis and provides the counter-trafficking movement with a deeper understanding of this complex issue. Equipped with this information, decision makers will be empowered to create more targeted and effective intervention strategies.

Prosecution Data

UNODC compiles a global dataset on detected and prosecuted traffickers, which serves as the basis in their Global Report for country profiles. This information is beginning to paint a picture of trends over time, and case-specific information can assist investigators and prosecutors.

Key aspects of human development, such as poverty and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.

Human Development Index (Source: UNDP)

The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.

The chart displays information on human development in Fiji between 1990 and 2015. Only certain sample years have data disaggregated by sex. 

The most recent year of the HDI, 2015, shows that the average human development score in Fiji is 0.736. This score indicates that human development is high. 

HDI Education Index (Source: UNDP)

Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitive labour conditions.

As the seminal ILO report Profits and Poverty explains:

“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”

The bars on the chart represent the Education Index score and the line traces the mean years of education in Fiji over time.

Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in the availability of equitable, safe and stable employment can be a step in the right direction towards achieving Target 8.7.

Vulnerable Employment (Source: ILO)

There are reasons to believe that certain types of labour and labour arrangements are more likely to lead to labour exploitation. According to the ILO:

“Own-account workers and contributing family workers have a lower likelihood of having formal work arrangements, and are therefore more likely to lack elements associated with decent employment, such as adequate social security and a voice at work. The two statuses are summed to create a classification of ‘vulnerable employment’, while wage and salaried workers together with employers constitute ‘non-vulnerable employment’.”

In 2005, the only year for which data on vulnerable employment is provided, 39 percent of workers in Fiji were in situations of vulnerable employment.

Working Poverty Rate (Source: ILO)

Labour income tells us about a household’s vulnerability. As the ILO explains in Profits and Poverty

“Poor households find it particularly difficult to deal with income shocks, especially when they push households below the food poverty line. In the presence of such shocks, men and women without social protection nets tend to borrow to smooth consumption, and to accept any job for themselves or their children, even under exploitative conditions.”

ILO indicators that measure poverty with respect to the labour force include working poverty rate, disaggregated by sex, with temporal coverage spanning from 2000 to 2016. The chart displays linear trends in working poverty rate over time for all individuals over 15 years of age.

Labour Productivity (Source: ILO)

Labour productivity is an important economic indicator that is closely linked to economic growth, competitiveness, and living standards within an economy.” However, when increased labour output does not produce rising wages, this can point to increasing inequality. As indicated by a recent ILO report (2015), there is a “growing disconnect between wages and productivity growth, in both developed and emerging economies”. The lack of decent work available increases vulnerability to situations of labour exploitation. 

Labour productivity represents the total volume of output (measured in terms of Gross Domestic Product, GDP) produced per unit of labour (measured in terms of the number of employed persons) during a given period.

Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.

Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants./span>

According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children.”

As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements.”

There is no visualization for Fiji as there is not a sufficient amount of data available.

Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.

Official Definitions
Forced Labour

Constitution of the Republic of Fiji, 2013
Freedom from slavery, servitude, forced labour and human trafficking
10.1. A person must not be held in slavery or servitude, or subjected to forced labour or human trafficking.
10.2. In this section, “forced labour” does not include—

a. labour required in consequence of a sentence or order of a court;
b. labour reasonably required of a person serving a term of imprisonment, whether or not required for the hygiene or maintenance of the prison; or
c. labour required of a member of a disciplined force as part of his or her duties.”

Employment Regulations Promulgation, 2007
Interpretation
4. In this Promulgation, unless the context otherwise requires—
“forced labour” means all work or service that is extracted from any person under the threat of any penalty and is not offered voluntarily, but does not include—

a. any work or service exacted in accordance with compulsory military service laws for work of a purely military character;
b. any work or service which forms part of the normal civic, traditional or religious obligations;
c. any work or service exacted from any person as a consequence of a conviction in a court of law, or a court order, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired or placed at the disposal of private individuals, companies or associations;
d. any work or service exacted in cases of emergency, such as war, calamity, threatened calamity, fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstances that would endanger the existence or well-being of the whole or part of the people of the Fiji Islands; or
e. communal services of a kind performed by members of the community in the direct interest of the community in accordance with their rules or customary practices;”

Fundamental principles and rights
6.1 No person shall be required to perform forced labour.

Child Labour

Employment Regulations Promulgation, 2007
Interpretation
4. In this Promulgation, unless the context otherwise requires— “child” means a person who is under the age of 18 years;”

Part 10 – Children
Objects of this Part
90. The objects of this Part are—

a. to prohibit work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children;
b. to establish the circumstances and ages at which children may work; and
c. to confer certain rights on children and provide protection in view of their vulnerability to exploitation.

Minimum age for employment
92. The age of 15 years is the minimum age for employment of children.

Employment of children under 15 years
93.1 A child under the age of 15 years must not be employed in any capacity other than in accordance with subsection 2 and a person who contravenes this subsection commits an offence.
93.2 Subsection 1 does not apply to a child of 13 to 15 years of age engaged in employment or light work or in a workplace in which members of the same family or of communal or religious group are employed provided that-

a. the employment is not likely to be harmful to the health or development of the child; and
b. the employment is not such as to prejudice the childʼs attendance at school, participation in vocational orientation or training programmes approved by a competent authority or capacity of the child to benefit from the instruction received

Children not to be employed against the wishes of parent or guardian
96.1 An employer must not continue to employ a child after receiving notice, either orally or in writing, from the parent, guardian or Ministry, that the child is employed against the wishes of the parent or guardian.
96.2 An employer who contravenes subsection 1 “commits an offence.”

Hours of work for children
97.1 A child must—

a. not be employed or permitted to be employed for more than 8 hours in a day; and
b. be given at least 30 minutes paid rest for every continuous 4 hours worked.

97.2 A child must not be employed or permitted to be employed during a period when the child is required to attend school or for a period which prejudices the childʼs educational participation.
97.3 Subsections 1 and 2 do not apply to a child employed under a contract of apprenticeship lawfully entered into under the provisions of any written law.
97.4 An employer who contravenes subsections 1 or 2 commits an offence.

Conditions on night employment
98. The Minister may, after consultation with the Board, by order in the Gazette, prescribe conditions for the employment of children between 6 oʼclock in the afternoon of any day and 6 oʼclock in the forenoon of the following day in a workplace.

Employers of children to keep register
99.1 An employer of children in a workplace, or in an occupation which forms part of a workplace, must—

a. keep a register of all the children and the register must include particulars of their ages, the date of commencement and termination of their employment, the conditions and nature of their employment and any other prescribed particulars; and
b. must produce the register for inspection when required by a labour officer or labour inspector.

99.2 The register must be maintained separately and apart from any other register.
99.3 An employer who fails to keep a register as required by subsection 1 or who fails or refuses to produce a register when required to do so commits an offence.

Worst Forms of Child Labour

Constitution of the Republic of Fiji, 2013
Rights of Children
41.1 Every child has the right—

a. to be registered at or soon after birth, and to have a name and nationality;
b. to basic nutrition, clothing, shelter, sanitation and health care;
c. to family care, protection and guidance, which includes the equal responsibility of the child’s parents to provide for the child—

i. whether or not the parents are, or have ever been, married to each other; and
ii. whether or not the parents are living together, have lived together, or are separated;

d. to be protected from abuse, neglect, harmful cultural practices, any form of violence, inhumane treatment and punishment, and hazardous or exploitative labour; and
e. not to be detained, except as a measure of last resort, and when detained, to be held—

i. only for such period of time as is necessary; and
ii. separate from adults, and in conditions that take account of the child’s sex and age.

41.2 The best interests of a child are the primary consideration in every matter concerning the child.

Employment Regulations Promulgation, 2007
Prohibition of worst forms of child labour
91. The following forms of child labour are prohibited—

a. all forms of labour slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and any form of forced or compulsory labour, including forced or compulsory recruitment of children in armed conflict;
b. the use, procuring or offering of a child for illicit activities in particular for the production and trafficking of drugs as defined in relevant international treaties; or
c. the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, and a person who engages a child in such prohibited form of child labour commits an offence.

Certain restrictions on employment of children
95.1 A child must not be employed underground in a mine.
95.2 The Minister may, after consulting the National Occupational Health and Safety Advisory Board established under the Health and Safety at Work Act 1996 and by order in the Gazette, declare any employment or workplace to be a prohibited or restricted employment or workplace for the purposes of this Part on the ground that it is injurious to health or is hazardous, dangerous or unsuitable, including attendance on machinery, working with hazardous substances, driving motor vehicles, heavy physical labour, the care of children or work within security services.
95.3 An employer must not, after being served with a copy of an order made under subsection 2, continue to employ the child.
95.4 If a childʼs employment is discontinued under subsection 2, the child must be paid any outstanding wages or any other entitlement the child may have earned up to the date of the discontinuance under the terms of the contract of service.
95.5 An employer who—

a. employs a child underground in a mine or in an employment or workplace declared under subsection 2; or
b. contravenes subsection 3, commits an offence.

Employment Relations (Administration) Regulations, 2008
Part 8 – Children Conditions of work
40.1 A child must not be employed or permitted to be employed in any of the following situations:

a. in situations of direct hostilities;
b. any work for which the child has little capacity;
c. any work which is hazardous to the child’s health, mental, spiritual or social development;
d. in an environment which subjects the child to physical harm, psychological torture, any form of neglect, torture, any form of cruel, inhuman or degrading treatment, or which does not foster the health, self-respect and dignity of the child.

40.2 An employer who does not comply with sub regulation 1 commits an offence.

Hours of work for children and night employment
41.1 For the purposes of section 97 of the Promulgation, a child must not be employed for more than 8 hours during daylight hours.
41.2 Each child employed during daylight hours must be given a 30 minute paid lunch break.
41.3 For the purposes of section 98 of the Promulgation, no child may work beyond 10 pm at night.
41.4 Each child employed during night employment must be given a 30 minute paid dinner break within 2 hours of starting work.
41.5 No child may be employed for more than 8 hours per day.
41.6 Any employer who does not comply with this regulation commits an offence.

Hazardous Occupations Prohibited to Children Under 18 Years of Age Order, 2013
Interpretation
2. In this Order, unless the context otherwise requires-
“”hazardous work”” means a subset of child labour and the worst form of child labour, being work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Human Trafficking

Constitution of the Republic of Fiji, 2013
Freedom from slavery, servitude, forced labour and human trafficking
10.1 A person must not be held in slavery or servitude, or subjected to forced labour or human trafficking.

Slavery

Constitution of the Republic of Fiji, 2013
Freedom from slavery, servitude, forced labour and human trafficking
10.1 A person must not be held in slavery or servitude, or subjected to forced labour or human trafficking.

Crimes Decree, 2009
Definition of slavery 102. for the purposes of this Division, slavery is the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including where such a condition results from a debt or contract made by the person.

Definition of sexual servitude
104.1 For the purposes of this Division, sexual servitude is the condition of a person who provides sexual services and who, because of the use of force or threats—

a. is not free to cease providing sexual services; or
b. is not free to leave the place or area where the person provides sexual services.

104.2 In this section—“threat” means—

a. a threat of force; or
b. a threat to cause a person’s deportation; or
c. a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.

Governments can take action to assists victims and to prevent and end the perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.

Programs and Agencies for Victim Support (Source: U.S. Department of Labor)

Policies for Assistance

Immigration Act, 2003
Immunity from prosecution
31. A trafficked person, unlawful employee or an unauthorised migrant, as the case may be, is not liable to criminal prosecution for-

a.the offence of smuggling migrants, by reason only of the fact that the person is the victim of, or object of, an act of smuggling migrants;
b. the act of trafficking in persons or being a party to an offence of trafficking in persons;
c. the persons illegal entry into the Fiji Islands, if the Fiji Islands is the receiving country;
d. the persons period of unlawful residence in the Fiji Islands, if the Fiji Islands is the receiving country; or
e. the persons procurement or possession of any fraudulent travel or identity documents which that person obtained, or with which that person was supplied, for the purpose of entering the receiving country.

Juveniles Act, 1974
2. In this Act, unless the context otherwise requires-
“child” means a person who has not attained the age of fourteen years;
“juvenile” means a person who has not attained the age of seventeen years, and includes a child and a young person;
“young person” means a person who has attained the age of fourteen years, but who has not attained the age of seventeen years.

Penalties
Penalties, Forced Labour

Crimes Decree, 2009
Unlawful compulsory labour
287. A commits a summary offence if he or she unlawfully compels any person to perform any labour against the will of that person.
Penalty — Imprisonment for 5 years or to a fine of 10 penalty units, or both

Penalties, Child Labour

Employment Regulations Promulgation, 2007
Offences by company or corporation
253.1 Where an offence against this Promulgation committed by a company or corporation is proved to have been committed with the consent or connivance of, or to have been attributable to a wilful neglect on the part of an officer of the company or corporation or person purporting to act as such an officer, that officer or person also commits the offence and is liable to the penalty for that offence.
253.2 Where in proceedings under this Promulgation it is necessary to establish the intention of a company or corporation, it is sufficient to show that an officer, worker or agent of the company or corporation had that intention.
253.3 In this section, “officer” of a company or corporation means

a. a director, secretary or an executive officer; or
b. a person whose directions or instructions the directors are accustomed to act; or
c. a person concerned with its management.

General penalty
256. A person who commits an offence under this Promulgation for which no particular penalty is provided, is liable on conviction

a. for an individual, to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or both;
b. for a company or corporation or trade union, to a fine not exceeding $50,000; and
c. where applicable, to disqualification from holding a post as an officer of a trade union for 5 years from the date of conviction for the offence.

Hazardous Occupations Prohibited to Children Under 18 Years of Age Order, 2013
Employer shall be liable
4. Any employer who, after being served with this Order, continues to employ a child in the prohibited occupation or workplace, commits an offence and shall be liable under the provisions of the Employment Relations Promulgation 2007.

Juveniles Act, 1974
Causing or allowing children to be used for begging
58.1 If any person causes or procures any child or, having the custody or care of such a child, allows him to be in any street, premises or place for the purpose of begging or receiving alms, or inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise) he shall be liable on conviction to a fine not exceeding fifty dollars or imprisonment for a term not exceeding three months, or to both such fine and imprisonment.
58.2 If a person having the custody, charge or care of a child is charged with an offence under this section and it is proved that such a child was in any street, premises or place for any such purposes he shall be presumed to have allowed the child to be there unless the contrary is proved.

Penalties, Human Trafficking

Crimes Decree, 2009
Offence of trafficking in persons
112.1 A person (the first person) commits an indictable offence of trafficking in persons if—

a. the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
b. the first person uses force or threats; and
c. that use of force or threats results in the first person obtaining the other person’s compliance in respect of that entry or proposed entry or in respect of that receipt.

Penalty — Imprisonment for 12 years.
112.2 A person (the first person) commits an indictable offence of trafficking in persons if—

a. the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
b. the first person uses force or threats; and
c. that use of force or threats results in the first person obtaining the other person’s compliance in respect of that exit or proposed exit.

Penalty — Imprisonment for 12 years.
112.3 A person (the first person) commits an indictable offence of trafficking in persons if—

a. the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
b. in organising or facilitating that entry or proposed entry, or that receipt, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that entry or receipt.

Penalty — Imprisonment for 12 years.
112.4 A person (the first person) commits an indictable offence of trafficking in persons if—

a. the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
b. in organising or facilitating that exit or proposed exit, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that exit.

Penalty — Imprisonment for 12 years.
112.5 A person (the first person) commits an indictable offence of trafficking in persons if—

a. the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
b. the first person deceives the other person about the fact that the other person’s entry or proposed entry, the other person’s receipt or any arrangements for the other person’s stay in Fiji, will involve the provision by the other person of sexual services or will involve the other person’s exploitation or debt bondage or the confiscation of the other person’s travel or identity documents.

Penalty — Imprisonment for 12 years.
112.6 A person (the first person) commits an indictable offence of trafficking in persons if—

a. the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
b. the first person deceives the other person about the fact that the other person’s exit or proposed exit is for purposes that involve the provision by the other person of sexual services outside Fiji or will involve the other person’s exploitation or debt bondage or the confiscation of the other person’s travel or identity documents.

Penalty — Imprisonment for 12 years.
112.7 A person (the first person) commits an offence of trafficking in persons if—

a. the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
b. there is an arrangement for the other person to provide sexual services in Fiji; and (c) the first person deceives the other person about any of the following:

i. the nature of the sexual services to be provided;
ii. the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
iii. the extent to which the other person will be free to cease providing sexual services;
iv. the extent to which the other person will be free to leave his or her place of residence;
v. if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services—the quantum, or the existence, of the debt owed or claimed to be owed.

Penalty — Imprisonment for 12 years.
112.8 A person (the first person) commits an indictable offence of trafficking in persons if—

a. the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
b. there is an arrangement for the other person to provide sexual services outside Fiji; and
c. the first person deceives the other person about any of the following:

i. the nature of the sexual services to be provided;
ii. the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
iii. the extent to which the other person will be free to cease providing sexual services;
iv. the extent to which the other person will be free to leave his or her place of residence;
v. if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services – the quantum, or the existence, of the debt owed or claimed to be owed.

Penalty -Imprisonment for 12 years.
112.9 Absolute liability applies to sub-sections 1c and 2c.

Aggravated offence of trafficking in persons
113.1 A person (the first person) commits an aggravated offence of trafficking in persons if the first person commits the offence of trafficking in persons in relation to another person (the victim) and any of the following applies—

a. the first person commits the offence intending that the victim will be exploited, either by the first person or another:

i. if the offence of trafficking in persons is an offence against subsection 112.1, 112.3, 112.5 or 112.7 – after entry into Fiji; and
ii. if the offence of trafficking in persons is an offence against subsection 112.2, 112.4, 112.6 or 112.8 – after exit from Fiji;

b. the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
c. the first person, in committing the offence—

i. engages in conduct that gives rise to a danger of death or serious harm to the victim; and
ii. is reckless as to that danger.

Penalty — Imprisonment for 20 years.
113.2 If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 115, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.

Offence of trafficking in children
114.1 A person (the first person) commits an indictable offence of trafficking in children if—

a. the first person organises or facilitates the entry or proposed entry into Fiji, or the receipt in Fiji, of another person; and
b. the other person is under the age of 18; and
c. in organising or facilitating that entry or proposed entry, or that receipt, the first person –

i. intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt; or
ii. is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt.


Penalty — Imprisonment for 25 years.
114.2 A person (the first person) commits an indictable offence of trafficking in children if —

a. the first person organises or facilitates the exit or proposed exit from Fiji of another person; and
b. the other person is under the age of 18; and
c. in organising or facilitating that exit or proposed exit, the first person:

i. intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit; or
ii. is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit.

Penalty — Imprisonment for 25 years.
114.3 In this section—“sexual service” means the use or display of the body of the person providing the service for the sexual gratification of others.

Offence of domestic trafficking in persons
115.1 A person (the first person) commits an indictable offence of domestic trafficking in persons if—

a. the first person organises or facilitates the transportation or proposed transportation of another person from one place in Fiji to another place in Fiji; and
b. the first person uses force or threats; and
c. that use of force or threats results in the first person obtaining the other person’s compliance in respect of that transportation or proposed transportation.

Penalty — Imprisonment for 12 years.
115.2 A person (the first person) commits an indictable offence of domestic trafficking in persons if—

a. the first person organises or facilitates the transportation or proposed transportation of another person from one place in Fiji to another place in Fiji; and
b. in organising or facilitating that transportation or proposed transportation, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that transportation.

Penalty — Imprisonment for 12 years.
115.3 A person (the first person) commits an indictable offence of domestic trafficking in persons if—

a. the first person organises or facilitates the transportation of another person from one place in Fiji to another place in Fiji; and
b. the first person deceives the other person about the fact that the transportation, or any arrangements the first person has made for the other person following the transportation, will involve the provision by the other person of sexual services or will involve the other person’s exploitation or debt bondage or the confiscation of the other person’s travel or identity documents.

Penalty — Imprisonment for 12 years.
115.4 A person (the first person) commits an indictable offence of domestic trafficking in persons if—

a. the first person organises or facilitates the transportation of another person from one place in Fiji to another place in Fiji; and
b. there is an arrangement for the other person to provide sexual services; and
c. the first person deceives the other person about any of the following—


i. the nature of the sexual services to be provided;
ii. the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
iii. the extent to which the other person will be free to cease providing sexual services;
iv. the extent to which the other person will be free to leave his or her place of residence;
v. if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services—the quantum, or the existence, of the debt owed or claimed to be owed.

Penalty — Imprisonment for 12 years.

Aggravated offence of domestic trafficking in persons
116.1 A person (the first person) commits an aggravated offence of domestic trafficking in persons if the first person commits the offence of domestic trafficking in persons in relation to another person (the victim) and any of the following applies—


a. the first person commits the offence intending that the victim will be exploited, either by the first person or by another, after arrival at the place to which the person has been transported;
b. the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
c. the first person, in committing the offence—

i. engages in conduct that gives rise to a danger of death or serious harm to the victim; and
ii. is reckless as to that danger.

Penalty — Imprisonment for 20 years.
116.2 The offence in sub-section 116.1 is an indictable offence.
116.3 If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 115, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.

Penalties, Slavery

Crimes Decree, 2009
Slavery Offences
103.1 A person who, whether within or outside Fiji, intentionally—

a. possesses a slave or exercises over a slave any of the other powers attaching to the right of ownership; or
b. engages in slave trading; or
c. enters into any commercial transaction involving a slave; or
d. exercises control or direction over, or provides finance for –

i. any act of slave trading; or
ii. any commercial transaction involving a slave; commits an indictable offence.

Penalty — Imprisonment for 25 years.
103.2 A person who—

a. whether within or outside Fiji—

i. enters into any commercial transaction involving a slave; or
ii. exercises control or direction over, or provides finance for, any commercial transaction involving a slave; or
iii. exercises control or direction over, or provides finance for, any act of slave trading; and

b. is reckless as to whether the transaction or act involves a slave, slavery or slave trading;
commits an indictable offence.

Penalty — Imprisonment for 17 years.
103.3 In this section— “slave trading” includes—

a. the capture, transport or disposal of a person with the intention of reducing the person to slavery; or
b. the purchase or sale of a slave.

103.4 A person who engages in any conduct with the intention of securing the release of a person from slavery is not guilty of an offence against this section.
103.5 The defendant bears a legal burden of proving the matter mentioned in sub-section 4.

Extended jurisdiction for offences against this Division
105. A person commits an offence against all sections of this Division—

a. whether or not the conduct constituting the alleged offence occurs in Fiji; and
b. whether or not a result of the conduct constituting the alleged offence occurs in Fiji.

Sexual servitude offences
106.1 A person—

a. whose conduct causes another person to enter into or remain in sexual servitude; and
b. who intends to cause, or is reckless as to causing, that sexual servitude;
commits an indictable offence.

Penalty—

i. in the case of an aggravated offence under section 108 – imprisonment for 20 years; or
ii. in any other case – imprisonment for 15 years.

2. A person—

a. who conducts any business that involves the sexual servitude of other persons; and
b. who knows about, or is reckless as to, that sexual servitude
– commits an indictable offence.

Penalty—

i. in the case of an aggravated offence under section 108 – imprisonment for 20 years; or
ii. in any other case – imprisonment for 15 years.

3. In this section— “conducting a business” includes—

a. taking any part in the management of the business; or
b. exercising control or direction over the business; or
c. providing finance for the business.

Aggravated offences
108.1 For the purposes of this Division, an offence against section 106 or 107 is an aggravated offence if the offence was committed against a person who is under 18.
108.2 If the prosecution intends to prove an aggravated offence, the charge must allege that the offence was committed against a person under that age.
108.3 In order to prove an aggravated offence, the prosecution must prove that the defendant intended to commit, or was reckless as to committing, the offence against a person under that age.
Alternative verdict if aggravated offence not proven
109. If, on a trial for an aggravated offence against section 106 or 107, the jury is not satisfied that the defendant is guilty of an aggravated offence, but is otherwise satisfied that he or she is guilty of an offence against that section, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.

Double jeopardy
110. If a person has been convicted or acquitted in a country outside Fiji of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.

 

Programs and Agencies for Enforcement (Source: U.S. Department of Labor)

Governments can take action to assists victims and to prevent and end the perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.

Social Protection Coverage: General (At Least One)
Social Protection Coverage (Source: ILO)

The seminal ILO paper on the economics of forced labour, Profits and Poverty, explains the hypothesis that social protection can mitigate the risks that arise when a household is vulnerable to sudden income shocks, helping to prevent labour exploitation. It also suggests that access to education and skills training can enhance the bargaining power of workers and prevent children in particular from becoming victims of forced labour. Measures to promote social inclusion and address discrimination against women and girls may also go a long way towards preventing forced labour.

If a country does not appear on a chart, this indicates that there is no recent data available for the particular social protection visualized.

Social Protection Coverage: Unemployed
Social Protection Coverage: Pension
Social Protection Coverage: Vulnerable Groups
Social Protection Coverage: Poor
Social Protection Coverage: Children
Social Protection Coverage: Disabled

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