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An Analysis: 2013 Fiji Government Constitution”, Is the Only Version of Citizens’ Constitutional Forum (“CCF”) Analysis on the 2013 Fiji Government Constitution

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An Analysis: 2013 Fiji Government Constitution”, Is the Only Version of Citizens’ Constitutional Forum (“CCF”) Analysis on the 2013 Fiji Government Constitution An Analysis: 2013 Fiji Government Constitution September 2013. 1 / 60 Citizens’ Constitutional Forum 23 Denison Road, Suva, Fiji Phone: 3308 379 Fax: 3308 380 E-mail: [email protected] Website: www.ccf.org.fj Facebook: https://www.facebook.com/ccfforum Twitter: @ccf_fiji CCF Constitution Website: www.fijiconstitution.weebly.com September 17, 2013 This document, “An Analysis: 2013 Fiji Government Constitution”, is the only version of Citizens’ Constitutional Forum (“CCF”) analysis on the 2013 Fiji Government Constitution. Any other documents, including any form of translations and/or amendments to it are not authorized by CCF unless otherwise stated. This document is the sole property of CCF and has been prepared solely for information purposes and without any commitment or responsibility from CCF. This analysis is based on the Fiji Government Constitution assented by the President of Fiji on September 6, 2013. In the event the Fiji Government Constitution is further amended by the Government of Fiji before December 31, 2013, CCF will release a revised analysis including such amendments. 2 / 60 Table of Contents Part 1. Executive Summary .................................................................................................................. 8 This document aims to provide an objective analysis of the Fiji Government Constitution that was presented on the 22nd of August, 2013 and assented on the 6th of September, 2013 (with amendments and revisions). ............................................................................................................ 8 Constitution-Making Process ........................................................................................................... 8 ‘Free and Fair’ Elections ................................................................................................................... 8 Fiji Government Constitution vs the ‘Non-Negotiable’ Principles ................................................... 8 Amending the Constitution: Section 161 ......................................................................................... 9 Part 2. The Constitution-Making Process ............................................................................................ 9 Overview of Constitution-Making Process ...................................................................................... 9 Drafting .......................................................................................................................................... 10 Omission of Women....................................................................................................................... 10 ‘Free and fair’ elections.................................................................................................................. 10 Framework ..................................................................................................................................... 11 Supervision ..................................................................................................................................... 11 Consent .......................................................................................................................................... 11 Part 3. Chapter-by-Chapter Analysis .................................................................................................. 12 Preamble ........................................................................................................................................ 12 The Fiji Government Constitution .................................................................................................. 12 Defining the People of Fiji .............................................................................................................. 13 Goals of the Constitution ............................................................................................................... 13 Giving Effect to Goals ..................................................................................................................... 14 Chapter 1 - The State ..................................................................................................................... 14 Secular State .............................................................................................................................. 14 Founding Values ......................................................................................................................... 14 Languages of Fiji ......................................................................................................................... 15 Prohibiting Coups, Immunities and Abrogation......................................................................... 15 Chapter 2 - Bill of Rights ................................................................................................................. 15 Overview of the Bill of Rights ..................................................................................................... 16 The ‘Claw-Back Clause’ and the Limitation of Rights ................................................................. 16 Specific Limitation of Rights Issues ............................................................................................ 18 Limitations During a State of Emergency ................................................................................... 19 Rights relating to land ................................................................................................................ 19 Application and interpretation .................................................................................................. 20 Enforcement ............................................................................................................................... 21 3 / 60 Human Rights and Anti-Discrimination Commission ................................................................. 22 Omissions ................................................................................................................................... 22 Chapter 3 - Parliament ................................................................................................................... 22 Parliament .................................................................................................................................. 23 The Leader of the Opposition .................................................................................................... 24 Elections ..................................................................................................................................... 25 The Constitution’s new electoral system is problematic. .......................................................... 26 Electoral Commission and Supervisor........................................................................................ 27 Chapter 4 - The Executive .............................................................................................................. 27 President .................................................................................................................................... 27 Prime Minister and Cabinet ....................................................................................................... 28 Attorney-General ....................................................................................................................... 29 Chapter 5 - Judiciary ....................................................................................................................... 30 Composition and Role of the Courts .......................................................................................... 30 Independence of the Judiciary ................................................................................................... 30 Judicial Services Commission (JSC) ............................................................................................ 31 Accountability Through the Judiciary ........................................................................................ 32 Independent Judicial and Legal Institutions .............................................................................. 33 Chapter 6 – State Service ............................................................................................................... 35 Public Service ............................................................................................................................. 35 Disciplined Forces – The Republic of Fiji Military Forces (RFMF) .............................................. 36 Constitutional Offices Commission (COC) .................................................................................. 37 Chapter 7 - Revenue and Expenditure ........................................................................................... 38 Chapter 8 - Accountability ............................................................................................................. 39 Code of Conduct ......................................................................................................................... 39 Freedom of information ............................................................................................................. 39 Auditor-General ......................................................................................................................... 40 Reserve Bank of Fiji ...................................................................................................................
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