The National Federation Party has recommended that the constitution review process must not be rushed and the Review Commission request the President as the appointing authority and who issued the Terms of Reference, for more time instead of the current unrealistic timeline.
While giving the party's submission to the Constitution Review Commission, NFP leader and MP Professor Biman Prasad says if the process is rushed, it will be labeled a façade.
He stresses that realistically, there is no way whatsoever that the next general elections can be held under the provisions of a new constitution.
Professor Prasad says the enactment of the past four constitutions either through an agreed democratic process or enforced through a decree and timeline for elections after enforcement of consequential legislation are proof of why it is simply impossible.
He says in the current context, elections must be held at the latest by February 6th, next year and there is no way it can be held under new provisions and a new order.
While responding to questions by Commission member Ami Kohli about other submissions for an interim government for another 12 months, Professor Prasad rejected the suggestions, saying there is no provision under the 2013 Constitution to delay the election.
Meanwhile, the NFP recommends removing immunity provisions from the new Constitution, arguing that no one should be granted immunity for overthrowing governments or violating human rights.
The party has also recommended that all Fiji citizens to be called Fijians as their nationality or common name and Fiji to be recognised as a secular State.
They also removing FICAC from the Constitution and either repealing or significantly amending the FICAC Act, so it focuses on public awareness rather than investigations and prosecutions.
It proposes establishing a forensic unit within the Fiji Police Force to investigate alleged corruption and white-collar crime.
The NFP recommends that appointments to key independent and constitutional offices be made through an apolitical process to strengthen accountability and transparency.
It recommends restoring the Office of the Ombudsman with powers to investigate complaints against public officers and agencies and recommend prosecution where appropriate.
It also recommends that a new government be required to enact laws on the Code of Conduct, Accountability and Transparency Commission, and Freedom of Information within 12 months of taking office.
The NFP also recommends entrenching key group rights by constitutionally protecting laws relating to iTaukei affairs and land, agricultural tenants, Rotuma and Banaban communities, with any amendments requiring a 66 percent parliamentary majority.
It recommends removing Sections 165 and 173 of the 2013 Constitution and requiring decrees that have not been scrutinised by Parliament to be reviewed and either enacted or repealed.
The party also recommends removing any constitutional provision similar to Section 131(2), which gives the RFMF overall responsibility for the security, defence and well-being of Fiji and all Fijians, arguing that such a provision could provide a legal avenue for future political upheaval.
The NFP recommends that the new Constitution include provisions for stricter laws against environmental degradation and animal cruelty, while promoting stronger animal welfare protections.
On the conduct of political parties, the NFP recommends repealing the Political Parties Act and introducing a code of conduct requiring parties to hold annual general meetings within the calendar financial year.
It also proposes preventing principal office holders of parties wound up or deregistered for non-payment of debt from contesting elections or forming another political party.
For the electoral system, the NFP recommends a 70-member Parliament elected under Mixed Member Proportional representation, with 25 constituency MPs elected through the First Past the Post system and 45 MPs through a closed party list system, while retaining the 5 percent threshold for parties to qualify for parliamentary seats.
To address expiring agricultural land leases, the NFP recommends a Master Lease system under which the Government would lease iTaukei, State and freehold agricultural land at 10 percent of Unimproved Capital Value and sublease it to tenants at 6 percent.
The proposed leases would run for 50 years and could be extended to 75 years if the land is not required by the landowner.
They also recommend changing the Preamble to recognise Fiji’s multicultural society, acknowledge the contributions of all communities, promote unity and harmony, and reaffirm human rights, freedoms and respect for all cultures and religions.
