 |
PREAMBLE
WE, THE PEOPLE OF FIJI,
RECOGNISING the indigenous people or the iTaukei, their ownership of iTaukei lands, their unique culture,
customs, traditions and language;
RECOGNISING the indigenous people or the Rotuman from the island of Rotuma, their ownership of Rotuman
lands, their unique culture, customs, traditions and language;
RECOGNISING the descendants of the indentured labourers from British India and the Pacific Islands, their
culture, customs, traditions and language; and
RECOGNISING the descendants of the immigrants and settlers to Fiji, their culture, customs, traditions and
language,
DECLARE that we are all Fijians united by common and equal citizenry;
RECOGNISE the Constitution as the supreme law of our country that provides the framework for the conduct of
Government and all Fijians;
COMMIT ourselves to the recognition and protection of human rights, and respect for human dignity;
DECLARE our commitment to justice, national sovereignty and security, social and economic well-being, and
safeguarding our environment;
HEREBY ESTABLISH THIS CONSTITUTION FOR THE REPUBLIC OF FIJI.
 |
| CHAPTER 10—IMMUNITY Immunity granted under the 1990 Constitution continues 155. Notwithstanding the abrogation of the Constitution Amendment Act 1997 and despite the repeal of the Constitution of the Sovereign Democratic Republic of Fiji (Promulgation) Decree 1990, Chapter XIV of the Constitution of 1990 continues in force in accordance with its tenor, and the immunity granted in Chapter XIV of the Constitution of 1990 shall continue. Immunity granted under the Limitation of Liability for Prescribed Political Events Decree 2010 continues 156.—(1) The immunities granted to prescribed persons for prescribed political events under the Limitation of Liability for Prescribed Political Events Decree 2010 shall continue in existence. (2) Notwithstanding anything contained in this Constitution, the Limitation of Liability for Prescribed Political Events Decree 2010 shall, in its entirety, continue in existence and shall not be reviewed, amended, altered, repealed or revoked by Parliament. Further immunity 157. Absolute and unconditional immunity is irrevocably granted to any person (whether in their official or personal or individual capacity) holding the office of, or holding the office in, as the case may be-- (a) the President; (b) Prime Minister and Cabinet Ministers; (c) Republic of Fiji Military Forces; (d) Fiji Police Force; (e) Fiji Corrections Service; (f) Judiciary; (g) public service; and (h) any public office, from any criminal prosecution and from any civil or other liability in any court, tribunal or commission, in any proceeding including any legal, military, disciplinary or professional proceedings and from any order or judgment of any court, tribunal or commission, as a result of any direct or indirect participation, appointment or involvement in the Government from 5 December 2006 to the date of the first sitting of the first Parliament elected after the commencement of this Constitution; provided however any such immunity shall not apply to any act or omission that constitutes an offence under sections 133 to 146, 148 to 236, 288 to 351, 356 to 361, 364 to 374, and 377 to 386 of the Crimes Decree 2009 (as prescribed in the Crimes Decree 2009 at the date of the commencement of this Constitution). Immunity entrenched 158.—(1) Notwithstanding anything contained in this Constitution, this Chapter and any immunity granted or continued in this Chapter shall not be reviewed, amended, altered, repealed or revoked. (2) Notwithstanding anything contained in this Constitution, no court or tribunal shall have the jurisdiction to accept, hear or make any decision or order with respect to any challenge against the provisions of this Chapter and any immunity granted or continued in this Chapter. (3) No compensation shall be payable by the State to any person in respect of damage, injury or loss to his or her property or person caused by or consequent upon any conduct from which immunity has been granted under this section. |
| The Republic of Fiji 1. The Republic of Fiji is a sovereign democratic State founded on the values of-- (a) common and equal citizenry and national unity; (b) respect for human rights, freedom and the rule of law; (c) an independent, impartial, competent and accessible system of justice; (d) equality for all and care for the less fortunate based on the values inherent in this section and in the Bill of Rights contained in Chapter 2; (e) human dignity, respect for the individual, personal integrity and responsibility, civic involvement and mutual support; (f) good governance, including the limitation and separation of powers and other forms of checks and balances; (g) transparency and accountability; and (h) a prudent, efficient and sustainable relationship with nature. Supremacy of the Constitution 2.—(1) This Constitution is the supreme law of the State. Principles of constitutional interpretation 3.—(1) Any person interpreting or applying this Constitution must promote the spirit, purpose and objects of this Constitution as a whole, and the values that underlie a democratic society based on human dignity, equality and freedom. Secular State 4.—(1) Religious liberty, as recognised in the Bill of Rights, is a founding principle of the State. Citizenship 5.—(1) All citizens of Fiji shall be known as Fijians...Citizens of Fiji may hold multiple citizenship...a former citizen of Fiji, who lost that citizenship upon acquiring foreign citizenship, may regain citizenship of Fiji, while retaining that foreign citizenship unless the laws of that foreign country provide otherwise CHAPTER 2—BILL OF RIGHTS Application 6.—(1) This Chapter binds the legislative, executive and judicial branches of government at all levels, and every person performing the functions of any public office. Freedom of speech, expression and publication 17.—(1) Every person has the right to freedom of speech, expression, thought, opinion and publication Freedom of assembly 18.—(1) Every person has the right, peaceably and unarmed, to assemble, demonstrate, picket and to present petitions. (2) To the extent that it is necessary, a law may limit, or may authorise the limitation of, the right mentioned in subsection (1)-- (a) in the interests of national security, public safety, public order, public morality, public health or the orderly conduct of elections; Freedom of movement and residence 21.—(1) Every person has the right to freedom of movement. Political rights 23.—(1) Every citizen has the freedom to make political choices, and the right-- (a) to form or join a political party; (b) to participate in the activities of, or recruit members for, a political party; and (c) to campaign for a political party, candidate or cause. (2) Every citizen has the right to free, fair and regular elections for any elective institution or office established under this Constitution. Every citizen who has reached the age of 18 years has the right-- (a) to be registered as a voter; (b) to vote by secret ballot in any election or referendum under this Constitution; (c) to be a candidate for public office, or office within a political party of which the citizen is a member, subject to satisfying any qualifications for such an office; and (d) if elected, to hold office. Protection of iTaukei, Rotuman and Banaban lands 28.—(1) The ownership of all iTaukei land shall remain with the customary owners of that land and iTaukei land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the State in accordance with section 27. (2) Any iTaukei land acquired by the State for a public purpose after the commencement of this Constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the State. (3) The ownership of all Rotuman land shall remain with the customary owners of that land and Rotuman land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the State in accordance with section 27. (4) Any Rotuman land acquired by the State for a public purpose after the commencement of this Constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the State. (5) The ownership of all Banaban land shall remain with the customary owners of that land and Banaban land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the State in accordancewith section 27. (6) Any Banaban land acquired by the State for a public purpose after the commencement of this Constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the State. Right to education Conversational and contemporary iTaukei and Fiji Hindi languages shall be taught as compulsory subjects in all primary schools. | CHAPTER 3—PARLIAMENT LEGISLATIVE AUTHORITY Legislative authority and power of Parliament 46.—(1) The authority and power to make laws for the State is vested in Parliament consisting of the members of Parliament and the President, and is exercised through the enactment of Bills passed by Parliament and assented to by the President. (2) No person or body other than Parliament has authority to make any law in Fiji, except under authority conferred by this Constitution or by a written law. Part B—COMPOSITION Members of Parliament 52. The members of Parliament shall be chosen by secret ballot in free and fair elections administered by the Electoral Commission, in accordance with this Constitution and any written law governing elections. Proportional representation system 53.—(1) The election of members of Parliament is by a multi-member open list system of proportional representation, under which each voter has one vote, with each vote being of equal value, in a single national electoral roll comprising all the registered voters. (2) Subject to subsections (3) and (4), in each election of members of Parliament, the seats in Parliament must be awarded to candidates in proportion to-- (a) the total number of votes cast for each political party contesting the election, which shall be determined by totalling the number of votes cast for each candidate of that political party; and (b) the total number of votes cast for each independent candidate, if any, provided however that an independent candidate shall only be eligible to be awarded one seat in Parliament. (3) A political party or an independent candidate shall not qualify for any seat in Parliament unless the political party or the independent candidate receives at least 5% of the total number of votes cast. (4) A written law shall make provisions relating to election of members of Parliament, including prescribing rules for awarding seats in Parliament under subsection (2), that accord with an internationally accepted method for awarding seats to candidates within an open list system of proportional representation. (2) For each election of members of Parliament after the first election held under this Constitution, the Electoral Commission shall, at least 1 year before any such election, review the composition of Parliament and may, if necessary, increase or decrease the total number of members in Parliament to ensure that, as far as practicable, at the date of any such review, the ratio of the number of members in Parliament to the population of Fiji is the same as the ratio of the number of members in Parliament to the population of Fiji at the date of the first election held under this Constitution. Term of Parliament 58.—(1) Subject to this section, Parliament, unless sooner dissolved in accordance with this Constitution, continues for 4 years from the date of its first meeting after an election of the members of Parliament. (2) The President may, acting on the advice of the Prime Minister, from time to time in the like manner prorogue Parliament by proclamation. (3) The President may, acting on the advice of the Prime Minister, dissolve Parliament by proclamation, but only after a lapse of 3 years and 6 months from the date of its first meeting after an election of the members of Parliament. Supervisor of Elections 76.—(1) The Office of Supervisor of Elections established under the State Services Decree 2009 continues in existence. Speaker and Deputy Speaker of Parliament 77.—(1) At its first sitting after an election, and whenever required to fill a vacancy, Parliament must elect, by simple majority vote-- (a) a Speaker, who is not a member of Parliament but who is qualified to be a candidate for election as a member of Parliament; and (b) a Deputy Speaker from amongst the members of Parliament (excluding Ministers). Leader of the Opposition 78.—(1) The members of Parliament who-- (a) do not belong to the Prime Minister’s political party and are members of the opposition party or a coalition of opposition parties; (b) do not belong to any party which is in coalition with, or which supports, the Prime Minister’s political party; or (c) are independent candidates who do not support the Prime Minister or the Prime Minister’s political party, must elect a person from among themselves to be the Leader of the Opposition, in accordance with this section. Fiji Independent Commission Against Corruption 115.—(1) The Fiji Independent Commission Against Corruption established by the Fiji Independent Commission Against Corruption Promulgation 2007 continues in existence Independent Legal Services Commission 114.—(1) The Independent Legal Services Commission established by the Legal Practitioners Decree 2009 continues in existence. Fiji Police Force (2) The Office of the Commissioner of Police established under the State Services Decree 2009 continues inexistence. (3) The Fiji Police Force is under the command of the Commissioner of Police. (4) The Commissioner of Police is appointed by the President, on the advice of the Constitutional Offices Commission following consultation with the Minister responsible for the Fiji Police Force. | Appointment of Prime Minister 93.—(1) The Prime Minister must be a member of Parliament. (2) After the elections, the member elected to Parliament who is the leader of one political party which has won more than 50% of the total number of seats in Parliament assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule. (3) After the elections, if no one political party has won more than 50% of the total number of seats in Parliament, then, at the first sitting of Parliament, the Speaker must call for nominations from members of Parliament and, if only one person is nominated and seconded, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule; but if more than one person is nominated and seconded, the Speaker must conduct a vote, as follows-- (a) if after the first vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule; (b) if after the first vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a second vote must be held within 24 hours of the first vote and, if after the second vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule; (c) if after the second vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a third vote must be held within 24 hours of the second vote and, if after the third vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath oraffirmation of allegiance and office (which the President must administer) as set out in the Schedule; and (d) if after the third vote, no person receives the support of more than 50% of the members of Parliament, the Speaker shall notify the President in writing of the inability of Parliament to appoint a Prime Minister, and the President shall, within 24 hours of the notification, Attorney-General 96.—(1) The Minister appointed as the Attorney-General is the chief legal adviser to the Government. (2) A person is not qualified to be appointed as Attorney-General unless he or she-- (a) is admitted as a legal practitioner in Fiji and has had not less than 15 years post-admission practice as a legal practitioner in Fiji; and (b) has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission. Republic of Fiji Military Forces 131.—(1) The Republic of Fiji Military Forces established under the State Services Decree 2009 continues in existence. (2) It shall be the overall responsibility of the Republic of Fiji Military Forces to ensure at all times the security, defence and well-being of Fiji and all Fijians. Appointment of President 84.—(1) The President shall be appointed by Parliament in accordance with this sectionby Parliament in accordance with this section. (2) Whenever a vacancy arises in the Office of the President, the Prime Minister and the Leader of the Opposition shall nominate one name each to the Speaker who shall put both the names to the floor of Parliament for voting by the members of Parliament. (3) The person who receives the support of the majority of the members of Parliament present shall be appointed as President, and the Speaker shall publicly announce the name of the President. (4) In the event that both persons nominated receive the same number of votes, the Speaker shall conduct the voting again after 24 hours, and voting shall continue until such time a person nominated as President receives the support of the majority of the members of Parliament; provided however that if after three rounds of voting, no person receives the support of the majority of the members of Parliament, then the person nominated by the Prime Minister shall be announced by the Speaker as being appointed as President by Parliament. (5) If the Prime Minister and the Leader of the Opposition nominate the same person, then no voting shall take place and the Speaker shall publicly announce that person as being appointed as President by Parliament. Term of office and remuneration 85.—(1) The President holds office for 3 years, and is eligible for re-appointment for one further term of 3 years, but is not eligible for re-appointment after that. |
