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Aiyaz Sayed Khaiyum unveils new Constitution for Fiji before elections; President Ratu Nailatikau will rubber-stamp his assent on September 6 

22/8/2013

9 Comments

 
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_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.

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The Fijian Version
The Fiji Hindi Version
The English Version
_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Events Decree 2010 shall, in its entirety, continue in existence and shall not be reviewed, amended, altered, repealed or revoked by Parliament.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.

The 2013 Constitution
_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.

9 Comments
Kai Viti
22/8/2013 02:03:11 pm

It is really sad to look at the photos and see there are hardly any indigenous kai viti chiefs etc invited to the launch,,,,,,most are foreigners or descedants of immigrants and its an insult that a non kai viti is announcing the document to we the kai viti owninmg 90% of lands......YES GUY KEEP ON BUILDING UP THE INGREDIENTS FOR FUTURE CONFLICT

Reply
Tired of your threats Kai viti.
22/8/2013 03:48:27 pm

Kai Viti ,you talk too much shit...Bring it on !!! Mai na conflict boci !!

You will be quite surprised at the severe beating your lot will get, this time. Everyone in fiji is tired of listening to your crap....BRING IT ON BOCI !!! BRING IT ON !!! We will make you lot extinct this time around .

Reply
Taukei
22/8/2013 10:21:58 pm

Tired of Threats
Spoken like a true immigrant

Reply
Tone it Down
22/8/2013 04:31:13 pm

Very racist both of you. Please tone your emotions down. Everyone including chiefs, Indians and Fijians are all on the sideline. So stop pointing fingers at innocent ones and direct your anger at the President the Ratu who is allowing all these under his signatures. He is not sanile like the Late Ratu Ilioilo and this Ratu is part of the problem.

Reply
anil
23/8/2013 01:51:58 am

The reason the chiefs are not there is because of choice. Each chief is worried if he is there and what others will think of him.

The constitution is basically 90% of the ghai draft that we had an input in. Donknow why people are complaining if they made a submission.

As the United front, mark my words, they will stand for elections even though they are saying that this constitution is no legal. Why have they wasted they time to register their party. Now, isn't this making a fool of us voters already.

Tupeni baba has changed more parties than the number of sulus he has. MPC will cry foul but he has said in the cane belts recently that he is the one who put FB there when told that the IG is doing a good job. Now, is MPC not guilty of the coup.

Reply
Ganna Kataiya
23/8/2013 04:37:46 am

MPC cannot give credit for good job feed back given by cane farmers about FB's IG and they the cane farmers are generally satisfied with the work of FB in cane belt.

Now as Anil says he took credit then of this by responding he is the one who put FB there.... does he mean he corruptly paid FB $187k back pay to reward him and entice military to start listening to him?

If he claims he put FB there, does it mean he was a planner of the 2006 coup? Is that what he meant he needed 5 years to clean up SDL's corruption; let GCC be suspended for as long as and now claiming want to put GCC back but no attempts to put them back when he was senior member of Bainimarama's IG?

Reply
anil
26/8/2013 02:54:59 am

Fiji is devided from the middle. One half supporting the IG and one half opposing it. While I respect the individual freedom to have choice, one must not take the masses for a ride.

Time and again politicans have taken the poor for a rollar coaster ride. Mick and MPC are 2 goons. Mick with less than 2000 votes sat on the position of leader of opposition. This same Mick has not paid his staff their right wages. He did not pay the NBF his loans. He took some one elses wife. Can we trust him when he fights against the constitution without reading it.

For MPC, he lied about his millions. He was sacked by FB but says he resigned. Victor lala said he was the brains behind the 2006 coup and he has told farmers he put FB as the PM. He also took someone else's wife. Can we trust him.

Reply
taukei
26/8/2013 07:18:09 pm

anil
pakala - we voted in our reps under 1997 constitution which was formulated by all communities.
2013 is being forced on us.
Looks like you one of those about to steal my native land. I know your trick ways but I'll be ready.
stop generalising.

Reply
pakala
2/9/2013 11:56:17 pm

anil inidian will still vote indian and kaiviti will still vote kaiviti. the way the constitution and electoral system is set up, the kainidia will win hands down even thou they have fewer numbers. just wait and see.
then the kaiviti will be very angry

Reply



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