NFP’s Participation and Support is Conditional
The National Federation Party’s continued participation in the special parliamentary committee on the Constitution and support for the Constitution (Amendment) is conditional and dependant on the extension of the timeline for public consultation until mid-December.
It will also depend on changes that the Party has identified. The principles that the NFP wants in the Constitution (Amendment) Bill are significantly important.
This has been decided by the Party’s Management Board at its special meeting today (Wednesday) to discuss the Bill, identify its shortcomings and propose changes that the Party believes are necessary.
NFP is represented in Parliament’s Special Committee to review the Constitution Bill by its leader, Professor Biman Prasad.
The Government’s current timetable is for the Constitution (Amendment) Bill to return to Parliament in the first week of November. The Party is seriously concerned that of the 19 days, consultation is only for 13 days, 2 days is for Report writing and one day is to finalise the Report.
The Prime Minister has publicly indicated that he is prepared to look at a longer consultation and deliberation process, perhaps up to the end of the Parliament in late December.
The NFP has consistently called for the replacement of the undemocratic 2013 Constitution. But replacing one Constitution with another cannot become another exercise in imposing constitutional arrangements upon the people without their informed consent.
The Constitution is the most important law of our nation. Its legitimacy must come from the people, not the political convenience of those in power.
The Management Board has therefore resolved that the following significant principles will constitute the NFP’s position as the Bill proceeds through Parliament's Special Committee.
Secular State: Removal of Christianity as a founding constitutional value of the State in Clause 1, while permitting appropriate historical recognition of Christianity and other faiths in the Preamble.
Security of Land Ownership and Tenure: Absolute protection of iTaukei, Rotuman, Banaban and freehold land ownership, together with enforceable security of tenure for agricultural and residential tenants, including sublessees.
Composition of the House of Representatives: A 56-member House elected through Mixed Member Proportional Representation, comprising 28 constituency members and 28 proportional representation members, with separate constituency and party votes.
Composition of the Senate: A genuinely representative Senate reflecting Fiji's diverse communities, without a majority of seats being controlled by the Bose Levu Vakaturaga.
Protection of Children: Removal of the provision permitting the lawful and moderate chastisement of children.
Removal of Immunity: Complete removal of constitutional immunity provisions protecting those responsible for unconstitutional political upheavals and related conduct.
Access to Justice: Removal of constitutional restrictions preventing citizens from seeking judicial remedies for unlawful or arbitrary actions of the State.
Independent Constitutional Offices: Depoliticisation of the Constitutional Offices Commission and the appointment of independent constitutional officeholders.
Accountability and Transparency: Enforceable constitutional provisions establishing the Ombudsman and requiring legislation on the Code of Conduct, accountability, transparency and freedom of information.
Protection of Fundamental Rights: Strengthening the Bill of Rights and removing excessive restrictions on freedom of expression, association, assembly, political participation and equality before the law.
Commencement of the Constitution: Removal of any discretionary power of the President to determine when the Constitution comes into force.
Civilian Supremacy: Unambiguous constitutional subordination of the Republic of Fiji Military Forces to elected civilian authority, with no independent military mandate to intervene in government.
Electoral Independence: An independent Constituency Boundaries Commission, fair electoral laws, transparent electoral administration and protection against political manipulation of elections.
Anti-Corruption Reform: Abolition of FICAC in its present form and the establishment of independent, accountable and effective arrangements for investigating and prosecuting corruption.
Common and Equal Citizenship: Preservation of the common national identity of all citizens as Fijians, with equal political rights and constitutional protection for the identities, cultures and traditions of all communities.
Environmental Protection: Stronger constitutional safeguards against environmental degradation, protection of natural resources and provision for animal welfare.
Constitutional Amendment: A fair, democratic and accessible constitutional amendment process, without permanent immunity provisions or disproportionate veto powers vested in any single institution.
Meaningful Public Consultation: Adequate time for public consultation, translation of the proposed Constitution into the vernacular languages, independent scrutiny and comprehensive parliamentary deliberation before its final passage.
These are principles upon which the NFP has stood for more than six decades. They are not demands for political advantage. They are safeguards for the rights, dignity and democratic future of every Fijian.
For now, Party Leader, Professor Biman Prasad, will continue to represent the Party on Parliament's Special Committee. We believe in dialogue and consensus, not walkouts or political theatrics. But participation in the process must never be mistaken for unconditional support for its outcome.
The NFP will not sacrifice the quality and legitimacy of our next Constitution to meet an arbitrary political deadline.
The 2013 Constitution was imposed upon the people. We must not repeat that mistake in the name of replacing it.
The Constitution belongs to the people of Fiji. It must reflect their informed consent, protect their rights and endure long after the politicians of today have left office.
Parmod Chand
President
Comments