THE re-establishment of the Bose Levu Vakaturaga or Great Council of Chiefs into Fiji’s supreme law has been endorsed by the Constitutional Review Commission.
However, the commission cautioned that this recognition must be managed carefully.
“As custodian of custom, languages, cultural governance, and well-being among Indigenous Fijians, the commission recommends an independent role for the GCC,” the report said.
“This would require clarity around its role, functions and structure, in line with other independent bodies, as well as accountability standards equivalent to those applied to every such body.
“Reconstitute the BLV as a constitutionally recognised, independent body with its own chapter of the Constitution.”
The commission recommended that a Code of Conduct be implemented for the BLV members and retain the core membership framework with the inclusion of the President, Prime Minister and Minister for iTaukei Affairs as nonvoting members.
The report pushed for the BLV to nominate eight members of the 19 proposed Senate.
Alternatively, some members of the Commission expressed caution over the Constitutional role of the BLV.
“Commissioners acknowledge that chiefs have shown great moral fortitude, foresight and generosity. However, reflecting a minority of submissions, commissioners caution that overestimating the wisdom of chiefs may also be detrimental.
“The commissioners recommend that provisions for accountability under the Code of Conduct (in the commission’s recommended provisions for Parts A and B for Independent Institutions and Governance) be maintained for the BLV, as for any other such constitutional body.
“As an accompanying recommendation, with full appreciation for the entrenchment of laws relating to customary ownership and related rights, commissioners recommend that due recognition and respect be given to the Bill of Rights on provisions for customary law and village by-laws as they relate to the BLV.”
