The people must be heard at every stage of the constitutional review process, including the preparation of its terms, the appointment of members of the Constitutional Review Commission, and the formulation of consultation documents through public hearings.
President Ratu Naiqama Lalabalu told the Attorney-General’s Conference in Nadi yesterday the public should be able to see the draft law or Bill and to comment on it before it is tabled in Parliament.
“This should be socialised to all levels of society, in all communities, before it reaches parliament,” he said.
“Foregoing this, because of the cost or convenience, will fail to foster the ownership or stake that the people of Fiji must have in our new constitution.
“In this regard, the Attorney-General’s Office must work very closely with the Bose Levu Vakaturaga – the Council of Chiefs.”
Ratu Naiqama said 91 per cent of land in Fiji is registered to native landowners, thereby indicating the lack of absolute sovereignty in Fiji.
“As such, this sovereignty resides with the people.
“Whenever the Government needs it or wants it, for national development, whether it is roads or bridges or whatever, and in keeping with this principle, the Government, through the Law Reform Commission, has undertaken work in reviewing Fiji’s electoral laws.”
Ratu Naiqama said a key component of this review is the extensive nationwide public consultations.
“These robust consultations invited the voices of ordinary citizens, civil society, political actors, and experts to express what they believe our electoral system should be like or should look like.
“Such engagement by the people is essential. The electoral systems must be trusted and very well understood and embraced by the people.”
The President added that a robust consultation built on legitimacy, “encourages ownership, strengthens transparency and supports political stability”.
“The Fijian Affairs Act, as it then was, required the Government to table Bills or draft laws to the Great Council of Chiefs, which has an advisory role to the government.
“I am really not sure whether that provision is in the new legal provisions that reviewed the GCC in 2023.
“I would urge the Attorney General to look into this matter, especially with the constitutional review coming up, as announced by the Prime Minister.
“Earlier this week, the Indigenous Rights Bill was tabled in our Parliament, and I hope that Bill was also tabled to the GCC.”
Ratu Naiqama strongly urged the Attorney-General to ensure the GCC is involved in the consultation stage in order to have prior informed consent of the public.
“In short, a constitutional or legal requirement that hinders bills being made public for consultation before they are tabled in Parliament is not only undemocratic, but results in poor quality legislation that will cost the people of Fiji.”
