Constitution consultation process makes a mockery of democracy – NFP President

Constitution consultation process makes a mockery of democracy – NFP President

This constitutional consultation process is being rushed, and the manner in which it is being conducted is making a mockery of the principles of democracy.

This has been highlighted by National Federation Party President Parmod Chand, who says the process is fundamentally unfair to the people of Fiji.

Chand says the people of Fiji are being given limited time to make submissions on a proposed Constitution that will determine their rights, the powers of institutions, land ownership and the foundations of democracy for generations.

Chand says people travelling from villages, settlements, farms and towns to appear before the Committee are being given only a limited number of minutes to speak, with some barely beginning to explain their concerns before being reminded of the time.

He says the Committee is expected to complete its work within 20 days, including consultations, preliminary work and the compilation of its report, while the public was initially given just 13 days to make submissions on the Government's Bill.

Chand is calling on the Committee to recommend an extension of public consultations until mid-December and ensure people are given adequate time to be heard, even if the process continues after the next elections.

He says the Constitution belongs to the people of Fiji, not Parliament or the Government, and no political timetable should dictate how much time people are permitted to spend discussing it.

Chand says if the Committee continues on its current path, it will be remembered for producing a Constitution that is fast-tracked and worse than the 2013 Constitution.

Chand adds that the Government has not published or broadcast the contents of the Bill in English, Vosa Vakaviti and Hindi, which he says is necessary to ensure all Fijians understood its provisions and were able to make submissions.

He says the timetable appears to have been settled before the people have finished speaking, questioning whether the Committee is genuinely prepared to recommend fundamental changes based on public submissions.

Chand says consultation is not measured by the number of towns visited, meetings conducted or people allowed to speak for five or ten minutes, but by whether people have been given a fair opportunity to understand what is proposed, express their concerns and influence the outcome.

He says the public hearings conducted by the Constitution Review Commission over the past six months cannot be treated as consultations on the Government's Bill, as those hearings sought views on what Fijians wanted in a Constitution and the Bill has ignored salient features of the Commission's report, particularly in terms of separation of powers, transparency and accountability.

Chand says the Government's Bill differs significantly from the draft prepared by the Constitution Review Commission, requiring people who previously made submissions to examine another constitutional text and understand what has changed.

He says the Reeves Commission began its consultations in July 1995 and handed over its report in September 1996, with the 1997 Constitution passed by both Houses of Parliament in July 1997, ten months after the report was handed to the President.

Chand says the current process is a facade and a gross violation of democratic principles.

He says the NFP has identified 18 fundamental constitutional principles that must be addressed, including opposition to the establishment of Christianity as a founding constitutional value of the State, while accepting appropriate recognition of Christianity and other faiths in the Preamble.

He says the party insists upon security for landowners and tenants alike, a 56-member House of Representatives elected through a genuinely proportional mixed-member electoral system, and a Senate that reflects the diversity of Fiji rather than being dominated by one institution.

Chand says the NFP also opposes constitutional immunity for those responsible for political upheavals and provisions permitting the physical chastisement of children, while insisting upon independent constitutional offices, access to justice and effective protection of fundamental rights.

He says the party has consistently called for the removal of the 2013 Constitution because it was imposed upon the people without their consent.

Chand says changing the words of a Constitution means very little if the same disregard for meaningful public participation is repeated.

Chand says even the Fiji Human Rights and Anti-Discrimination Commission has expressed serious concern about the inadequacy of the consultation period.

He says the NFP Management Board has resolved that public consultations must be extended until at least mid-December, with the party's continued participation and support conditional upon a meaningful extension and substantive changes to the Bill.

Chand says there is absolutely no national emergency requiring the Constitution to be rushed through Parliament, adding that the next general elections can proceed under the existing constitutional arrangements while constitutional reform continues with proper public involvement.

He says the NFP will not lend its name to a process that confuses speed with progress or attendance with consent.


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