The Constitution Amendment Bill which will now go for another round of consultations with the Joint Parliamentary Select Committee chaired by Prime Minister, Sitiveni Rabuka, has a section which says that while there is children's right to be protected from punishment, lawful and moderate chastisement is permissible for the purposes of correction.
Detention is also an option only as a last resort.
The section says every child has the right to be registered at or soon after birth, and to have a name and nationality; to basic nutrition, clothing, shelter, sanitation and health care; to family care, protection and guidance, which includes the equal responsibility of the child’s parents to provide for the child whether or not the parents are, or have ever been, married to each
other; and whether or not the parents are living together, have lived together, or
are separated; to be protected from abuse, neglect, harmful cultural practices, any form
of violence, hazardous or exploitative labour, and inhumane treatment and punishment.
It says the best interests of a child are the primary consideration in every matter concerning
the child.
Section 14 says every person has the right to freedom from torture of any kind, whether
physical, mental or emotional, and from cruel, inhumane, degrading or disproportionately
severe treatment or punishment.
It further says every person has the right to security of the person, which includes the right to be free from any form of violence from any source at home, school, work or in any other place.
Questions have been raised about this and it is expected to be discussed further in public consultations.
A Joint Parliamentary Select Committee led by Prime Minister Rabuka, and Deputy Prime Minister Viliame Gavoka, National Federation Party Leader and MP Professor Biman Prasad, Acting Attorney General Siromi Turaga, Minister for Lands Filimoni Vosarogo, Minister for Information Lynda Tabuya, Minister for Rural and Maritime Development Mosese Bulitavu, Leader of the Opposition Inia Seruiratu and 3 members of the Opposition nominated by the Opposition Leader will have consultations with the people of Fiji over the next 30 days.
The Special Committee will report back to Parliament on 2nd November.
If the 66 percent vote is achieved in the third reading, the Fijian Elections Office would then have to conduct a referendum, and the Constitution will only be amended after the approval by a majority of voters, voting in that referendum.
The referendum period will be between 30 and 45 days after the writ is issued by the President to allow time for voter education, overseas voting arrangements and electoral preparations.
Voters will be able to tick, cross or circle either Yes or No on the ballot paper, and multiple referendum questions may be included on a single ballot paper.
The Supervisor of Elections will prepare national referendum results, which will be endorsed by the Electoral Commission before it is sent to the President for the final declaration.
