THE BOTTOM LINE

Article 21: Right to participate in government and free elections

WE the people of Fiji, have a unique opportunity to build a sustainable democracy for this country through a constitution which takes into account the dreams and
aspirations of all the people of Fiji. Throughout our history there have been misunderstandings and misconceptions about the constitution and what it means for communities and individuals in a nation so rich in ethnic, cultural and religious diversity. It is the right of every individual to be informed about the constitution, what it means and the comfort and security it affords. Inclusivity and participation are the keys to ensuring that we all have a voice in the instrument which will guide our nation and ensure the accountability of our leaders. CCF believes that the process must be led by the citizens and we must start the process now in our homes, villages, religious and social groups and take ownership of the process and prepare to make constructive contribution in the Constitutional Consultation process.

Universal Declaration of Human Rights

As a starting point the CCF recommends that:

1 The process for developing a Constitution for Fiji should begin immediately in order to meet the deadline set for holding democratic elections in September 2014. 2 The process should seek to develop a Constitution for Fiji, building upon the worthy values and lessons from previous approaches. 3 An Independent Constitution Commission should be established to direct and oversee the process for developing a Constitution for Fiji. 4 A code based on core set of good governance principles should be agreed and used to guide the process of developing a Constitution for Fiji. (e.g. transparency, accountability, inclusivity.) 5 The process for developing a Constitution for Fiji should be participatory rather than consultative, engaging citizens at all key stages. As much as possible the process must allow for all citizens including ethnic minorities and marginalised groups to have their views represented. 6 The process for developing a Constitution for Fiji should begin with an extensive programme of civic education. Civic education should also be incorporated in to the national curriculum of all schools in Fiji. 7 All issues, however contentious, should be open to discussion during the Constitution development process. 8 All laws that restrict free and open discussion should be lifted during the process of developing a Constitution for Fiji. It must be noted that the provisions under the Public Order Act of 1969 is sufficient and activated only under a State of Emergency is declared. 9 Views and submissions to help inform the development of a Constitution for Fiji should be encouraged in every possible format and that the means for putting forward views should be effectively communicated to citizens. 10 The role of the international community should be to provide the relevant resources and funding as well as observing and monitoring the process of developing a Constitution for Fiji. 11 The role of external experts should be limited to providing technical advice during the process of developing a Constitution for Fiji. 12 The role of Non-Governmental Organisations and Civil Society Organisations during the process of developing a Constitution for Fiji should include: i Civic education ii Advocacy iii Public participation iv Lobbying v Creating submissions vii Consulting with the state viii Representing marginalised groups 13 The role of the police and military should be limited to maintaining law, order and security during the process of developing a Constitution for Fiji. 14 A Constituent Assembly should be established to approve and adopt the Constitution for Fiji. With options for a referendum, a transitional government or a government nominated by the citizens assembly also being considered.

By Reverend Akuila Yabaki

THESE GUIDING PRINCIPLES WILL BUILD A SUSTAINABLE CONSTITUTIONAL DEMOCRACY.