Clear conditions for immunity have been set in the Fiji Constitutional Process (Constitution Commission) Decree which sets the functions and powers of the new Constitutional Commission.
Acting Prime Minister and Attorney General Aiyaz Sayed-Khaiyum said the decree has come into effect as of yesterday.
The decree states that the draft constitution to be prepared by the Commission should include immunity for certain events dating back to 1987 until the next parliament sits.
Although there is blanket immunity for the members of the state, the RFMF and the Police from 2000 to date, the immunity from now until the next parliament sits does not cover sections 77 to 390 of the Crimes Decree.
It is stated that Constitutional Commission will hand the draft constitution to the President.
The President will then present the draft to the Constituent Assembly.
The functions, powers and the composition of the Assembly is defined in the new Fiji Constitutional Process (Constituent Assembly and Adoption of Constitution) Decree 2012.
Sayed-Khaiyum said under the decree, the Prime Minister will appoint the members of the assembly.
He said the Constituent Assembly must include but should not be limited to include Government, registered political parties, members of the RFMF, faith-based organisations, representatives of employers, farmers, trade unions, youth groups, women organisations and so on.
It also looks at how the media will participate in the process and the provision where the public can hear the proceedings and debate by the assembly.
Meanwhile once the assembly hands over its review of the draft constitution, the President then forwards it to the Chief Justice, who within seven days shall appoint a five-member tribunal.
This tribunal will then consider whether the draft complies with the provisions of the decree, the non-negotiable principles and the immunity provisions.
If the tribunal believes that there are certain amendments to be made, the President will give it back to the assembly with the note that they look at these provisions or the clauses that might not be compliant with the decree.
Stay with us we will have more on the decrees in relation to the preparation of the new constitution later today.
Story by: Vijay Narayan
