Source:Xinhua Published: 2013-8-22 13:42:12
Fiji on Thursday released the final version of the 2013 Constitution to the general public, with President Ratu Epeli Nailatikau scheduled to give his assent to it on Sept. 6, thus paving the way for the 2014 parliamentary election that the government has pledged to hold.
The new Constitution, which takes the place of the 1997 Constitution that was abrogated on April 10, 2009 after the 2006 coup, "will be the supreme law of the country and pave the way for elections by Sept. 30, 2014 conducted for the first time on the basis of equal votes of equal value. It is in line with the constitutions of some of the world's most liberal democracies and provides a framework for the development of a modern, progressive state," the government said in a statement.
As previously flagged by Prime Minister Voreqe Bainimarama, the final version differs from the draft Constitution by containing specific provisions that guarantee and strengthen the protection of communally-owned lands.
During the consultation process that followed the release of the draft in March, a large number of submissions were received calling for explicit protection clauses. These have been accepted and incorporated into the final document. They provide greater protection and security for communally-owned land.
In addition, for the first time, an extra provision gives any landowner the right to a fair share of royalties derived from the exploitation of resources beneath the surface.
The new Constitution provides for a single chamber 50-member Parliament - up from 45 in the draft document - which will be the country's supreme authority and be elected on the basis of one person, one vote, one value. Elections are to be held every four years and every Fijian over the age of 18 is entitled to vote.
In another alteration to the draft document, individual regional constituencies are abolished. There will be one national constituency covering the whole of Fiji, as in the Netherlands and Israel. Every voter will get one vote, choosing the candidate who they believe best serves their interests under a proportional representation system.
A prime minister who commands the party with the most seats in Parliament will head the elected government and, in line with current practice, a president will be the head of state and perform the ceremonial function of commander in chief of the Republic of Fiji Military Forces.
Among the Constitution's major provisions are:
A common and equal citizenry.
A voting system of equal votes of equal value.
A secular state and religious liberty.
An independent and impartial judiciary and equal access to the law.
The right to legal aid assistance.
The protection of the rights of leaseholders.
Specific recognition of the culture and language of Indo- Fijians, other Pacific islanders and other immigrants and settlers.
A Bill of Rights containing specific provisions guaranteeing a range of civil and political rights and, for the first time, social and economic rights. These include the right to education, economic participation, a just minimum wage, transport, housing, food and water, health and social security.
A free media and freedom of speech, expression, movement and association.
The safeguarding of the environment.
The compulsory teaching of the i'Taukei (indigenous Fijian) and Fiji Hindi languages at primary school level, along with English as the common language.
The right to multiple citizenship but a provision that only Fijian citizens be entitled to stand for Parliament.
The right to fair employment practices.
The right to join, form or campaign for a political party.
The right to privacy.
An Accountability and Transparency Commission which, for the first time, will hold all public office holders accountable.
A Code of Conduct for public office holders.
A provision requiring public office holders such as civil servants, members of the disciplined forces and trade unionists to resign before contesting a seat in Parliament.
The release of the final version of the 2013 Constitution followed a community consultation process during which Attorney General Aiyaz Sayed-Khaiyum and his team conducted 19 public meetings in urban, rural and maritime areas throughout Fiji.
In a statement, Sayed-Khaiyum said consultative sessions were held Thursday on the final version of the new Constitution, and the media, NGOs and civil society groups, the political parties and members of the diplomatic corps were invited.
"The sessions were well attended and the new Constitution was received positively," said Sayed-Khaiyum.
However, he said "It's a pity that none of the four registered political parties attended the briefings".