CCF’s Annual Lecture series opening remarks

YOUR EXCELLENCIES, INVITED GUESTS, LADIES AND GENTLEMEN,

Good evening and welcome.

This is the 8th of CCF’s Annual Lecture series which began in 1998; intended initially to address various aspects of the 1997 Fiji Constitution.

CCF chose back in 2008 to engage with the Government in the drafting of the People’s Charter for Change, Peace and Progress, intended to address root causes of Fiji’s problems.

Amongst the root causes, we identified what can be said were limitations in the 1997 constitution and constitutions in place prior to that in addressing issues which have led to Fiji’s troubles. Whether it’s raced based voting or provisions which allow ethnically aligned government policies.

World over, Constitutions have become subject to civil litigation based on alleged breaches and flaws in the Constitutional design. That’s why we now need to talk about “Constitution Making in the 21st Century”.

About 90 constitutions have been developed over the last 20 years around the world and they all show variations in their approaches. The various models used to draft constitutions vary from country to country based on the political climate, demography and national circumstances which would lead to free, fair and inclusive democratic elections and ensure stability and economic growth for its people.

[1]Legal experts and scholars state that the constitution of a nation is its supreme law, wherefrom the powers of government are derived and wherein the rights of the citizens of that nation are outlined. In many cases, a nation is established when its constitution is created.

Constitutional litigation raises fundamental questions about what the constitution permits and forbids the government and citizens of a country to do. It follows, therefore, that the interpretation of a constitution is a matter that requires careful consideration. Herein lies the challenges in Constitution making.

The steps required for putting together Fiji’s next constitution is expected to commence soon. The National Charter Advisory Council has recommended Cabinet to fast track the establishment of a Constitutional Commission as we work towards democratic elections and a constitutional government.

We know that over the next 12 to 18 months, the government and interested organizations would take the first step to explore global models on constitution development. Fundamental to this are the best practices to be followed so that we have a document that can legitimately be made into law.

I believe that our guest speaker tonight will take us through a number of scenarios which have led to Constitutional development and processes adopted globally. When we look at global models, they all call for the need for wide and inclusive consultations referred to as popular participation. However, this depends on the political climate in individual countries, which varies on a case by case basis.

In some instances, there is a need for Elite by-in in drafting and adopting a new constitution. Generally, ratification is required through a national referendum to measure the peoples’ support and to some extent, that they have a say on the fate of what is to become the highest law of the land.

Those genuinely seeking a suitable remedy to solve the political turmoil in Fiji would explore these options as a way forward.

But, it is evident that to bring about political stability in Fiji and a constitution which is by the people and for the people, a home grown solution is needed. A way forward for Fiji which would not be based on any global models but one based on “the Fiji Model.”

The “Fiji model” must be reflective of the need for opposing sides to burn their differences and work together. Having a national identity with all citizens now being called Fijians, the citizens must join the constitutional process as a project in national unity. Fiji does not need to have international constitutional experts anymore, certainly not to produce a constitution for Fiji; similar to the approach taken in the Peoples’ Charter 2008, calling for broad-based support from all stakeholder to be creative participants in regard to the way forward for Fiji.

The role of civil society in this process is vital. Civil society organizations, who work with people at the grassroots level, must help people move away from institutionalized thinking and empower them to be able to make informed decisions on their own and for the better good of their communities and future generations. Participation of such groups, through assistance would reflect on the outcome of the constitutional process.

During this painful yet historic transition, there is a need for a collaborative approach by all relevant stakeholders to ensure political and economic stability and this can only come about through engagement and dialogue.

With these few opening remarks and a brief introduction I now hand you over to Professor Vijay Naidu, Professor & Head, School of Government, Development and International Affairs, University of the South Pacific and also might I say Member of CCF Board of Directors to please kindly introduce our guest speaker for this evening, Professor Cheryl Saunders.

[1]http://legalsutra.org

ENDS

© Scoop Media