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Parliament of Fiji Handbook
Parliament of Fiji Handbook Message from the Speaker The Fijian Parliament resumed its work in October 2014 following an election held in September 2014. The Constitution of the Republic of Fiji outlines the role and functions of the Parliament in Fiji’s system of governance. At one of its first sittings, the Parliament of Fiji adopted the Parliament’s Standing Orders that outline in detail the way that the Parliament operates. This Handbook is not designed to be an exhaustive, technical compendium of parliamentary procedure as we already have this in the Parliament of Fiji Standing Orders. The purpose of this Handbook is to provide a brief overview of the Parliament and it is designed for the use of all citizens. The Handbook aims to provide an introductory and straightforward description of the Parliament as an institution, the parliamentary context and the main jobs of Parliament and parliamentarians. This is a first edition, and the Handbook will be updated periodically, not least because it should be the intention of every Parliament to undergo a process of continual improvement. In developing this handbook, I am thankful to the senior Parliament staff who have provided expert technical input and the UNDP Fiji Parliament Support Project for their support in developing this important publication. Hon. Dr Jiko Luveni October 2016 Table of Contents A. Roles & Responsibilities 1 i) Rights & Responsibilities of MPs 1 Rights 1 Responsibilities 2 ii) Key Actors in Parliament 4 B. Passing a Law 6 i) Development of a Bill 6 Bill Originating from the Government 6 Bills Originating from MPs 7 ii) Stages of a Bill in Parliament 9 Introduction 9 2nd Reading 10 Standing Committee 11 Committee of the Whole Parliament on Bills 12 3rd Reading 14 Coming into Force 14 C. -
State Societyand Governancein Melanesia
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by The Australian National University Research School of Pacific and Asian Studies State, Society and Governance in Melanesia StateSociety and in Governance Melanesia DISCUSSION PAPER Discussion Paper 2008/10 COURTS AND COUPS IN FIJI: THE 2008 HIGH COURT JUDGMENT IN QARASE V BAINIMARAMA INTRODUCTION not provided for in the constitution, and that GEORGE ‘exceptional circumstances existed’ because WILLIAMS On 21st October 2008, the State, Society ‘the stability of the State was endangered’. & Governance in Melanesia Program held a The decision effectively legitimised the interim GRAHAM workshop entitled Courts and Coups; Fiji’s government that had emerged in the wake of LEUNG October 2008 High Court Judgment in the Fiji’s December 5 2006 military coup. Qarase v Bainimarama Case. This brought together George Williams, the Anthony In the first of the four papers included ANTHONY J. Mason Professor in the Faculty of Law at here, Professor George Williams, who REGAN the University of New South Wales, Graham served as Counsel in the 2001 Chandrika Leung, the Managing Partner of Howards Prasad case - which ruled the government JON Lawyers in Suva, as well as Anthony Regan that arose after Fiji’s 2000 coup to be illegal FRAENKEL and Jon Fraenkel from the State, Society - discusses the precedents set by that earlier & Governance in Melanesia Program at case, and how these were dealt with by the ANU. The meeting was chaired by Duncan Fiji judges in 2008. In the second paper, Kerr, Australia’s Parliamentary Secretary for Graham Leung, a lawyer who practises in Fiji Pacific Affairs. -
1 EXPLANATORY NOTE This Is the Report of the Commonwealth
EXPLANATORY NOTE This is the Report of the Commonwealth Observer Group which was present for the General Election in Fiji Islands, held from 6 to 13 May 2006. The Group’s report is reproduced here in the form in which it was signed by the Observers prior to their departure from Suva on 21 May 2006. It was transmitted to the Commonwealth Secretary- General on Friday 2 June 2006. During the following week he sent it to the Prime Minister of Fiji Islands, the Chairman of the Electoral Commission, the Supervisor of Elections, the leaders of the main political parties and Commonwealth governments. It was placed on this web-site and released to the media on Monday 12 June 2006. Printed copies are available from: Democracy Section Political Affairs Division Commonwealth Secretariat Pall Mall London SW1Y 5HX United Kingdom Tel: +44 207 747 6407/6397/6398 Fax: +44 207 930 2189 • Please note that the page numbers shown on the contents page relate to the printed version of the report. Only Annexes II and IV are shown. The others will be added at a later date. 1 Fiji Islands General Election 6-13 May 2006 REPORT OF THE COMMONWEALTH OBSERVER GROUP 2 CONTENTS Page Letter of Transmittal CHAPTER ONE - INTRODUCTION 1 Invitation 1 Terms of Reference 1 Activities of the Group 2 CHAPTER TWO – POLITICAL BACKGROUND 4 Brief Historical Background 4 Political Overview 4 The Development of the 1997 Constitution 5 1999 Elections 6 2000 George Speight Coup 6 Commonwealth Engagement 7 2001 Election and Section 99 (5) of the Constitution 7 Talanoa Process 8 CMAG Meeting -
CONSTITUTION of the REPUBLIC of FIJI CONSTITUTION of the REPUBLIC of FIJI I
CONSTITUTION OF THE REPUBLIC OF FIJI CONSTITUTION OF THE REPUBLIC OF FIJI i CONSTITUTION OF THE REPUBLIC OF FIJI CONTENTS _______ PREAMBLE CHAPTER 1—THE STATE 1. The Republic of Fiji 2. Supremacy of the Constitution 3. Principles of constitutional interpretation 4. Secular State 5. Citizenship CHAPTER 2—BILL OF RIGHTS 6. Application 7. Interpretation of this Chapter 8. Right to life 9. Right to personal liberty 11. Freedom from cruel and degrading treatment 12. Freedom from unreasonable search and seizure 13. Rights of arrested and detained persons 14. Rights of accused persons 15. Access to courts or tribunals 16. Executive and administrative justice 17. Freedom of speech, expression and publication 18. Freedom of assembly 19. Freedom of association 20. Employment relations 21. Freedom of movement and residence 22. Freedom of religion, conscience and belief 23. Political rights 24. Right to privacy 25. Access to information 26. Right to equality and freedom from discrimination 27. Freedom from compulsory or arbitrary acquisition of property 28. Rights of ownership and protection of iTaukei, Rotuman and Banaban lands 29. Protection of ownership and interests in land 30. Right of landowners to fair share of royalties for extraction of minerals 31. Right to education 32. Right to economic participation 33. ii 34. Right to reasonable access to transportation 35. Right to housing and sanitation 36. Right to adequate food and water 37. Right to social security schemes 38. Right to health 39. Freedom from arbitrary evictions 40. Environmental rights 41. Rights of children 42. Rights of persons with disabilities 43. Limitation of rights under states of emergency 44. -
I~N~ 2 4I~ 7~~ 4~II 888 ~I ~I ~II C - ~~9 ~~ 6 I~II C ~~I E CONSTITUTION of THE
Date Printed: 01/14/2009 JTS Box Number: IFES 27 Tab Number: 25 Document Title: CONSTITUTION OF THE REPUBLIC OF THE FIJI ISLANDS Document Date: 1998 Document Country: FIJ Document Language: ENG. IFES ID: CON00070 *I~n~ 2 4 I~ 7 ~~ 4 ~II 888 ~I ~I ~II C - ~~9 ~~ 6 I~II C ~~I E CONSTITUTION OF THE REPUBLIC OF THE FIJI ISLANDS 27th July 1998 I CONSTITUTION OF THE REPUBLIC OF THE FIJI ISLANDS CONTENTS PREAMBLE CHAPTER I-THE STATE I. The Republic of the Fiji Islands 2. Supremacy of Constitution 3. Interpretation of Constitution 4. Languages 5. State and religion CHAPTER 2-COMPACT 6. Compact 7. Application of Compact CHAPTER 3-CITIZENSHIP 8. Retention of eXisting citizenship 9. Way in which citizenship may be acquired 10. Citizenship by birth II. Infant found abandoned in the Fiji Islands 12. Citizer.ship by registration 13. Citizenship by naturalisation 14. Loss of citizenship 15. Renunciation of citizenship 16. Rights to enter and reside in the Fiji Islands 17. Powers of Parliament concerning citizenship 18. Laws relating to calculation of periods in the Fiji Islands 19. Deprivation of citizenship 20. Prevention of statelessness CHAPTER 4-D1LL OF RIGHTS 21. Application 22. Life 23. Personal liberty 24. Freedom from servitude and forced labour 25. Freedom from cruel or degrading treatment 1 F Clifton Wl:ii~ Resource Center flit; International Found'![!on for Election Systcnls 26. Freedom from unreasonable searches and seizure 27. Arrested or detained persons 28. Rights of charged persons 29. Access to courts or tribunals 30. Freedom of expression 31. Freedom of assembly 32. -
Supreme Court 3 R- ( , CHAPTER 13 SUPREME COURT
Cap. 13 Ed. 1978 Supreme Court 3 r- ( , CHAPTER 13 SUPREME COURT ARRANGEMENT OF SECTIONS PART I-PRELIMINARY SECTION 1. Short title. 2. Interpretation. 3. Name of Court and general jurisdiction. 4. Seal of Court. PART II-CONSTITUTION OF THE COURT 5. Constitution of Court. 6. Powers of judges. 7. Precedence of judges. PART III-OFFICERS OF THE COURT 8. Officers. 9. Duties of Chief Registrar. 10. When Chief Registrar unable to perform his duties. 11. Magistrate to act as Chief Registrar in certain cases. 12. Powers of Deputy Registrar or District Registrar. PART IV-FUNDS IN COURT 13. Funds in Court. 14. Moneys to be held in trust. 15. Liability of Consolidated Fund. 16. Rules. PART V-SHERIFF AND ADMIRALTY MARSHAL 17. Appointment and duties of Sheriff and Admiralty Marshal. PART VI-JURISDICTION 18. Court to have jurisdiction of High Court of Justice in England. 19. In probate, divorce and matrimonial causes. 20. Power to appoint guardians and committees. 21. Admiralty jurisdiction of Court. 4 Supreme Court Cap. 13 Ed. 1978 PART VII-IMPERIAL LAWS 22. What imperial laws to be in force. 23. Practice. 24. Imperial laws to be subject to Fiji jurisdiction and Acts. PART VIII-RULES 25. Power to make rules. PART IX-MISCELLANEOUS ""') 26. Sittings of the Court. 27. Delivery of judgments and orders. 28. Vacations. 29. Expenses of witnesses in civil proceedings. 30. Expenses of witnesses in criminal proceedings. 31. Mode of trial in civil causes. 32. Power to impose charge on land of judgment debtors. SUPREME COURT Ordinances Nos. 14 of 1875,9 of 1883,7 of 1893,9 of 1899,1 of 1904,8 of 1904,7 of 1909,7 of 1910, 13 of 1916, 5 of 1920, 4 of 1924, 19 of 1929,5 of 1930, 32 0[1930, 19 of1931 , 290f1932, 23 of 1937,3 of 1940,30 of 1940,21 of 1944,2 of 1945,3 of 1945, 19 of 1951,44 of 1960, 8 of 1961,37 of 1961, 23 of 1965, 35 of 1965, 27 of 1966, Order, 31st Jan., 1967, 7th Oct., 1970. -
The Case That Stopped the Coup? the Rule of Law in Fiji
1 THE CASE THAT STOPPED A COUP? THE RULE OF LAW IN FIJI George Williams Anthony Mason Professor and Director Gilbert + Tobin Centre of Public Law Faculty of Law University of New South Wales THIS IS A TRANSCRIPT OF THE 2003 QUENTIN-BAXTER MEMORIAL TRUST LECTURE DELIVERED AT THE LAW SCHOOL OF VICTORIA UNIVERSITY OF WELLINGTON ON 27 NOVEMBER 2003. 2 I INTRODUCTION∗ I appreciate the privilege of addressing you today. As a scholar at Victoria University of Wellington, Professor Quentin-Baxter recognised something that is only becoming fully apparent today. That is the idea, reflected in his own academic work and public service, that it is not only possible, but necessary to bridge the divide that is often imagined between the fields of international and constitutional law. I am also delighted to be giving this lecture because it deals with a subject to which Mrs Alison Quentin- Baxter, as a constitutional and international lawyer, has made a distinguished contribution. That subject is the development of legal institutions and the strengthening of the rule of law in the Pacific. Mrs Quentin-Baxter was Counsel assisting the Fiji Constitution Review Committee that was instrumental in drafting Fiji’s multi-racial 1997 Constitution.1 My lecture today concerns that Constitution and the events that overtook it. On 29 May 2000, the Commander of the Fiji Military Forces issued a decree abrogating the 1997 Fijian Constitution. Nine months later on 1 March 2001, the Court of Appeal of Fiji held in Republic of Fiji v Prasad2 that the 1997 Constitution remains in force as the supreme law of Fiji. -
Passage of Change
PASSAGE OF CHANGE PASSAGE OF CHANGE LAW, SOCIETY AND GOVERNANCE IN THE PACIFIC edited by Anita Jowitt and Dr Tess Newton Cain Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/passage_change _citation.html National Library of Australia Cataloguing-in-Publication Entry Title: Passage of change : law, society and governance in the Pacific / edited by Anita Jowitt and Tess Newton Cain. ISBN: 9781921666889 (pbk.) 9781921666896 (eBook) Notes: Includes bibliographical references. Subjects: Jurisprudence--Pacific Area. Customary law--Pacific Area. Pacific Area--Politics and government. Pacific Area--Social conditions. Other Authors/Contributors: Jowitt, Anita. Cain, Tess Newton. Dewey Number: 340.5295 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Emily Brissenden Printed by Griffin Press This edition © 2010 ANU E Press First edition © 2003 Pandanus Books CONTENTS Acknowledgments vii Table of Abbreviations viii Table of Cases x Table of International Conventions xiii Table of Legislation xiv Notes on Contributors xvii INTRODUCTION Anita Jowitt and Tess Newton-Cain 1 SECTION 1: THE CONTEXT OF CHANGE 1. Modernisation and Development in the South Pacific Vijay Naidu 7 SECTION 2: CORRUPTION 2. Corruption Robert Hughes 35 3. Governance, Legitimacy and the Rule of Law in the South Pacific Graham Hassall 51 4. The Vanuatu Ombudsman Edward R. Hill 71 SECTION 3: CUSTOMARY LAW 5. -
Laws of Fiji
LAWS OF FIJI CHAPTER 13 SUPREME COURT Cap. 13 Ed. 1978 Supreme Court CHAPTER 13 SUPREME COURT ARRANGEMENT OF SECTIONS PART I-PRELIMINARY SECTION 1. Short title. 2. Interpretation. 3. Name of Court and general jurisdiction. 4. Seal of Court. PART 11-CONSTITUTION OF THE COURT 5. Constitution of Court. 6. Powers of judges. 7. Precedence of judges. PART III-OFFICERS OF THE COURT 8. Officers. 9. Duties of Chief Registrar. 10. When Chief Registrar unable to perform his duties. 11. Magistrate to act as Chief Registrar in certain cases. 12. Powers of Deputy Registrar or District Registrar. PART IV-FUNDS IN COURT 13. Funds in Court. 14. Moneys to be held in trust. 15. Liability of Consolidated Fund. 16. Rules. PART V-SHERIFF AND ADMIRALTY MARSHAL 17. Appointment and duties of Sheriff and Admiralty Marshal. PART VI-JURISDICTION 18. Court to have jurisdiction of High Court of Justice in Englar 19. In probate, divorce and matrimonial causes. 20. Power to appoint guardians and committees. 21. Admiralty jurisdiction of Court. 4 Supreme Court Cap. 13 Ed. 19T~ PART VII-IMPERIAL LAWS 22. What imperial laws to be in force. 23. Practice. 24. Imperial laws to be subject to Fiji jurisdiction and Acts. PART VIII-RULES 25. Power to make rules. PART IX-MISCELLANEOUS 26. Sittings of the Court. 27. Delivery of judgments and orders. 28. Vacations. 29. Expenses of witnesses in civil proceedings. 30. Expenses of witnesses in criminal proceedings. 31. Mode of trial in civil causes. 32. Power to impose charge on land of judgment debtors. SUPREME COURT Ordinances Nos. -
Fiji's Constitution of 2013
PDF generated: 26 Aug 2021, 16:28 constituteproject.org Fiji's Constitution of 2013 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:28 Table of contents Preamble . 8 CHAPTER 1: THE STATE . 8 1. The Republic of Fiji . 8 2. Supremacy of the Constitution . 9 3. Principles of constitutional interpretation . 9 4. Secular State . 9 5. Citizenship . 10 CHAPTER 2: BILL OF RIGHTS . 11 6. Application . 11 7. Interpretation of this Chapter . 11 8. Right to life . 12 9. Right to personal liberty . 12 10. Freedom from slavery, servitude, forced labour and human trafficking . 13 11. Freedom from cruel and degrading treatment . 14 12. Freedom from unreasonable search and seizure . 14 13. Rights of arrested and detained persons . 14 14. Rights of accused persons . 15 15. Access to courts or tribunals . 17 16. Executive and administrative justice . 18 17. Freedom of speech, expression and publication . 18 18. Freedom of assembly . 19 19. Freedom of association . 20 20. Employment relations . 20 21. Freedom of movement and residence . 21 22. Freedom of religion, conscience and belief . 22 23. Political rights . 23 24. Right to privacy . 24 25. Access to information . 24 26. Right to equality and freedom from discrimination . 24 27. Freedom from compulsory or arbitrary acquisition of property . 25 28. Rights of ownership and protection of iTaukei, Rotuman and Banaban lands . 26 29. Protection of ownership and interests in land . 27 30. Right of landowners to fair share of royalties for extraction of minerals . -
'The People Have Spoken …'
1 ‘The People Have Spoken …’ Steven Ratuva and Stephanie Lawson Fiji’s general elections of 17 September 2014, held eight years after Fiji’s fourth coup, saw some significant firsts, generated largely by new constitutional arrangements. These included a radically deracialised electoral system in which the entire country forms a single electorate and utilises open-list proportional representation. This system, brought in under the regime of coup leader Voreqe (Frank) Bainimarama, was designed first and foremost to encourage a shift away from previous patterns of electoral behaviour which, due in large measure to provisions for communal electorates and voting, were inevitably attuned to communal political identities and the perceived interests attached to them. Elections under such a system certainly allowed ‘the people’ to speak, but in a way which gave primacy to those particular identities and interests and, arguably, contributed to a political culture that saw democracy itself severely undermined in the process. This was illustrated only too clearly by the recurrence of coups d’état between 1987 and 2006 that all revolved, in one way or another, around issues of communal identity expressed through discourses of indigenous Fijian (Taukei) rights versus those of other ethnic or racial communities, especially of those of Indian descent. These discourses remain highly salient politically but, under the Constitution promulgated by the Bainimarama regime in 2013, they are no longer supported institutionally via electoral arrangements. As a result, political parties have generally been forced to at least 1 THE PEOPLE Have SPOKEN attempt to appeal to all ethnic communities. These institutional changes have brought Fiji’s political system much closer to the standard model of liberal democracy in which ‘one person, one vote, one value’ is a basic norm. -
Public Order and the Bill of Rights in Fiji: R. V. Butadroka* 1
169 Public order and the Bill of Rights in Fiji: R. v. Butadroka*1 Helen Aikman* In 1977, Sakeasi Butadroka, a prominent Fijian politician, was charged with unlawful assembly, with having made statements likely to prejudice the public peace, and with having counselled disobedience to the law under the Fiji Public Order Ordinance 1969. His trial raised important questions about the conflict between the Government's duty to maintain public order, and the constitutional guarantees of freedom of speech and assembly. This article examines the Bill of Rights contained in the Fiji Constitution, and compares it with similar legislation in other countries. I. THE FIJI BILL OF RIGHTS Fiji’s present constitution was adopted in 1970, the year in which Fiji became an independent country within the British Commonwealth.2 The Fiji Constitution was drafted in terms very similar to those of many other new Commonwealth constitutions, particluarly those of Nigeria and Mauritius, and therefore borrowed significantly from the European Convention on Human Rights. In following the pattern of these other countries, Fiji rejected the tradit ional doctrine of the supremacy of Parliament in favour of the supremacy of a constitution containing an entrenched Bill of Rights. Section 2 of the Fiji Constitution reads: This Constitution is the supreme law of Fiji and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. Further, section 52 states: “Subject to the provisions of the Constitution, Parliament may make laws for the peace, order and good government of Fiji.” * B.A.