FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION
ANNUAL REPORT 2018
48
Business and Human Rights
The plight of the seasonal workers from the Pacific working
abroad, was highlighted in media and some of the grievances
included allegations of mistreatment, verbal abuse by supervisors,
exploitation and under-payment, denial of access to medical care,
being under-fed, unable to move freely in the community including
visiting family members, refusal of work breaks, denial of right to
practice religion and harsh and repressive working conditions and
little knowledge of their visa status.
National Human Rights Institutions (NHRIs) can use their mandate
of carrying out independent investigations to encourage affected
workers to lodge complaints. For instance, the Commission in
2016, investigated a case of human trafficking in relation to Filipino
workers in Fiji whose passports were held by their employer for
two years. The Constitutional safeguards against human trafficking
must be supplemented by anti-trafficking policy as well as specific
corporate strategies to prevent human rights violations particularly
of women and children.
NHRIs can also facilitate access to remedies available in the event
of infraction of human rights including mediation or litigation
proceedings. It is imperative that government departments, agencies
and statutory bodies that shape business practices are fully aware
of and observe the state’s human rights obligations. NHRIs can
encourage states to develop specific legislations to ensure that they
meet their human rights obligations as they pursue their economic
objectives with their businesses by including relevant human rights
provisions in business or investment treaties and contracts.
Director, Mr. Ashwin Raj