Terms of reference for Constitution Review Commission

exact date unknown, but probably end of September 2000

The Commission shall review previous Constitutions of the Republic of Fiji and examine Constitutions of other countries and after consulting widely throughout Fiji, shall report and make recommendations on a new Constitutional arrangement for Fiji.

The report and recommendations of the Commission must pay particular attention to the following matters, that is, the new arrangements-

bullet must recognise, protect and guarantee the rights, paramountcy of interests and the concerns of the indigenous Fijian and Rotuman people as well as ensuring that the rights of other communities and groups are fully respected;
bulletguarantee the protection and security for land rights and fishing rights and resources of indigenous Fijians and Rotumans and also ensure that registered owners of native lands and customary fishing rights have an equitable share of the income derived from the exploitation of the resources beneath and above the surface of their land, the seabed, rivers etc;
bulletmust recognise the role of the Bose Levu Vakaturaga in the national affairs of the State;
bullet must provide affirmative action provisions for the indigenous Fijian and Rotuman people as a group in order to bring about some parity between indigenous Fijians and Rotumans and non-Fijians particularly in the areas of commerce and business, professional and technical education;
bullet must include social justice provisions for all individual disadvantaged persons to bring about greater equality of access and achievements in terms of –  

·        education and training;

·        land and housing;

·        participation in commerce at all levels;

·        participation in all branches of service of the State; and

·        any other grounds which the Commission may consider appropriate;  

bulletin recognising the plurality of Fiji's society. will work towards ensuring and promoting multi-ethnic and multi-cultural harmony, unity and cooperation with a view to achieving social and economic progress for all the different communities living in Fiji;
bulletmust provide for the protection of fundamental rights and freedoms of the individual while also recognising group rights of the communities in Fiji, including their political rights and cultural identity;
bullet must promote good governance and provide a framework that promotes and enhances the observance and maintenance of the rule of law including the independence of the Judiciary and the vital institutions and organs of the State;
bullet must provide the most appropriate and acceptable system of Government for Fiji including the composition of and representational arrangements in Parliament as well as the voting method to be adopted in respect of electing representatives to Parliament, and
bulletmust take full cognizance of traditional and customary laws in Fiji, the principles in the Compact of the 1997 Constitution and the relevant international laws and conventions on human rights, political and economic rights including the rights of indigenous peoples, women and minorities such as young persons and disabled persons etc.
 
 

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