Fiji govt to resurrect elements of former constitution
Updated
Fiji's interim government says it will continue to use parts of the 1997 constitution as a basis for its governance program. Commodore Frank Bainimarama's comments stem from a recent meeting with the European Union. He told delegates that parts of Fiji's abrogated 1997 constitution on the rule of law, the judiciary, human rights and democratic principles will be re-authorised by presidential decree.
I asked interim Attorney-General Aiyaz Sayed-Khaiyum which sections of the 1997 constitution are to be resurrected.
Presenter: Geraldine Coutts
Speaker: Aiyaz Sayed-Khaiyum, Fiji's interm Attorney-General
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SAYED-KHAIYUM: This issue arose out of the PM's recent visit to Europe. Many parts of the 1997 constitution are now in existence now and that is the principles and the very setups that were in the 1997 constitution. For example we have the state services decree. The decree obviously sets up the public service commission, it creates the various offices, and those provisions were also in the 1997 constitution. Similarly you have the provisions pertaining to the judiciary, the setup of the courts. They were already in force, and that's with the decree in respect to the judiciary. So it is not something new in the sense that there will be a completely new ressurection of the 1997 constitution. It should be contextualised. The many provisions, the many offices that were created under the 1997 constitution are indeed already in existence. And of course in the future there would be other provisions that did exist in the 1997 constitution that would come by way of decree.
COUTTS: There aren't any new sections of the constitution that you are going to have a new decree on and therefore enact it that way?
SAYED-KHAIYUM: I think what you should look at it from the persepective of is that there is already provisions that existed in the 1997 constitution that do exist in the new decrees formulated, drafted after 10 April 2009. And then there would be other provisions that could be in respect of new decrees being drafted that existed in the 1997 constitution.
COUTTS: Why has it come up again now then if it's just more of the same?
SAYED-KHAIYUM: You'll have to ask the media that's been doing the story on it.
COUTTS: I was just wondering whether the European Commission and others that you've had rounds of talks on are requiring that Fiji do certain things.
SAYED-KHAIYUM: No Fiji has got its own agenda and Fiji will obviously carry on various agendas and if during those discussions those talks came about then obviously that was just highlighted.
COUTTS: What was highlighted?
SAYED-KHAIYUM: The fact that there were various provisions in the 1997 constitution. It's a continuous work that will be included in new decrees.
COUTTS: It wasn't contingent on certain changes being made under the current running systems the interim government has in place and getting more money?
SAYED-KHAIYUM: We have our own agenda which we are following and part and parcel of the visit to Europe by the Prime Minister and the delegation, of course was to explain what Fiji's agenda was and the path that's been based on the 1 July strategic framework that it will follow.
COUTTS: Were there essential elements of the constitution that the EU particularly stipulated should be observed again?
SAYED-KHAIYUM: I was not part of the delegation but I can talk to you about the decrees and the agenda that we have in terms of formulating new laws. For example the 1997 constitution when it was drafted has a provision that said that there should be a freedom of information act. No government saw it fit to have a freedom of information act from 1997 right up till 2006. The Bainimarama government sees it fit to have one and we are actually formulating one at the moment that'll be put into force. Similarly the 1997 constitution said that there must be laws pertaining to code of conduct of public officials or public office holders. That was never done. We are going to do that.
COUTTS: The decrees when they're gazetted and written and commented upon are said not to be challengeable or can't be challenged in a court of law. Is that continuing that practice?
SAYED-KHAIYUM: Again you've got your information wrong because not all decress have that provision.
COUTTS: Well those that do?
SAYED-KHAIYUM: Well those that do have that provision, yes.
COUTTS: And so that wasn't challenged by the EU? I know you said you weren't there but after the briefing post those meetings, was that something that you were given to understand?
SAYED-KHAIYUM: I was not there so I can't comment on it. Nor do I think that the European Union commented at that level.
COUTTS: The constitution will be pretty much covered by a series of decrees by the interim government. A new one still to come?
SAYED-KHAIYUM: I wouldn't put it that way, I would say that there are new laws that are being drafted and have already been put in place that have similar provisions to the 1997 constitution.
COUTTS: So a good percentage of the 1997 constitution is ok by the interim government?
SAYED-KHAIYUM: I have not done the mathematics when you say good percentage of it, but there are various provisions obviously that have been put into decree form.
