The Fiji Law Society supports the introduction of appropriate term limits for the office of Prime Minister, based on four-year parliamentary terms in the new Constitution.
While making submissions to the Special Parliamentary Committee on the Constitution (Amendment) Bill, Law Society President Graham Leung says the Society also supports a constitutional limit on the size of Cabinet, with no more than 15 ministers in total, including the Prime Minister.
Leung also says they support the establishment of a seven-member Presidential Appointment Commission that would be responsible for appointing the President and Vice-President.
He says the Commission should comprise the Prime Minister, the Leader of the Opposition, three representatives of the Bose Levu Vakaturaga (BLV), one representative of the Fiji Council of Churches, and one representative of interfaith religions.
He says the Society does not support vesting exclusive appointment authority in the Bose Levu Vakaturaga, as the presidency is a national constitutional office.
Leung says the President must remain a symbol of the unity of the Republic rather than being perceived as a representative of a particular ethnic, cultural or political constituency.
He adds that the Law Society supports limiting the President to two three-year terms.
On the Bose Levu Vakaturaga, Leung says the Law Society recognises the historical significance of the institution and is not opposed to restoring an appropriate constitutional role comparable to that reflected in the 1997 Constitution.
He says members of the BLV should be subject to an appropriate Code of Conduct consistent with the responsibilities of a constitutionally recognised institution.
He also says that for the BLV to retain contemporary constitutional relevance, its role should extend beyond institutional representation.
He adds that it has the potential to contribute meaningfully to social cohesion by fostering dialogue, reconciliation and unity across Fiji's diverse communities.
Leung says its constitutional role should therefore be framed in a manner that respects its historical and cultural significance while contributing positively to the shared civic life and unity of the Republic.
On the issue of land, environment and group rights, the Law Society President says the Society recognises and respects the inherent rights of iTaukei customary owners in relation to their land and associated foreshore, seabed, reefs and riverbeds.
He says these interests are integral to Fiji's constitutional, cultural and historical foundations and should remain appropriately protected and strengthened for customary owners.
Leung says any constitutional reform in this area should therefore recognise customary ownership while establishing appropriate processes of prior, informed consultation where governmental decisions materially affect customary land or associated resources.
The Law Society President stresses that the Society is not convinced that the rationale for restoring the Senate is persuasive.
He says the Society is also mindful of the cost of restoring the Senate, given the government's financial resources.
Leung says the Society does not agree with clause 76 of the Bill as it relates to the composition of the Senate.
He says the Society believes that the numerical dominance of BLV members in the Senate weakens its democratic foundations, given that the BLV is an unelected body.
The Law Society President stresses that the Society supports the Constitution Review Commission's recommendation to establish a Commission for National Harmony.
He says such a Commission should be constitutionally mandated to promote tolerance, reconciliation, racial and intercommunal harmony, social cohesion and national unity.
He further says that in a diverse constitutional democracy, national unity is strengthened not by suppressing differences, but by developing institutions capable of encouraging dialogue, mutual respect and the peaceful resolution of social divisions.
He adds that a properly constituted and independent Commission for National Harmony could make an important contribution to that objective.
