The Constitution Review Commission has recommended restructuring the Constitutional Offices Commission (COC) to reduce political influence over the appointment and oversight of key constitutional office holders.
The Commission said submissions criticised the current composition of the COC as being “politically compromised” and raised concerns about its ability to operate as an independent institution.
“The Commission’s recommendations relating to the COC are intended to enable it to effectively appoint and oversee independent bodies and integral offices of the State, free from interference,” the report states.
Under the Commission’s preferred proposal, the body responsible for appointing members of the COC would include the Vice-Chancellor of the University of the South Pacific, Executive Director of the Fiji Council of Social Services and President of the Fiji Medical Association.
The proposal represents a move towards giving non-political institutions a role in determining the composition of a body responsible for appointments to important State offices.
However, commissioners were not unanimous on the model.
A minority proposed an alternative involving one nominee collectively decided by the vice-chancellors of Fiji National University, University of Fiji and USP, one nominee from the Executive Director of FCOSS and one from the President of the Fiji Law Society instead of the Fiji Medical Association.
The Commission considered previous constitutional models when developing its recommendations.
It noted that under the 1997 constitutional framework, nominations required approval from the relevant sector standing committee of the House of Representatives.
The 2012 Ghai Commission draft proposed a different model involving representatives of independent institutions and civil society, including the Human Rights Commission, Ombudsman, Ethics Commission and Electoral Commission.
The Commission has also recommended standardising the processes for disciplining and removing constitutional office holders.
Currently scattered provisions would be consolidated into a single constitutional schedule, providing common procedures for appointment, composition, discipline and removal across independent institutions.
The COC and similar appointment bodies would have a standardised role in initiating processes such as independent medical or behavioural tribunals involving office holders.
The Commission said greater clarity was intended to help rebuild public confidence in Fiji’s constitutional institutions.
It said the aim was that anyone reading the Constitution should be able to understand the requirements governing the “appointment, composition, discipline, and removal” of office holders across independent bodies.
