NAURU: Debate on new constitution to start next month

Updated October 30, 2007 15:49:27

Nauru's government hopes to begin debating changes to the country's constitution by the end of next month. When Nauru went to elections in August, three months earlier than scheduled, progress was put on hold. The country was once amongst the wealthiest nations in the world, per capita. It's hoped the constitutional changes will strengthen the laws which allowed millions made from phosphate to be syphoned off by mismanagement, corruption and bad investments. But as Pacific Correspondent Campbell Cooney reports while many on Nauru want change, some of the reccomendations have proved unpopular.

Presenter: Campbell Cooney
Speakers: Mathew Batsiua, Nauru Parliamentarian

COONEY: Earlier this year, an independent review committee recommended a number of changes to Nauru's Constitution. These include, the creation of an independent audit and Ombudsman's office, a strengthening of the accountability for public revenue and expenditure, that the president be elected by popular vote, not by parliament, and the speaker of the 18 member parliament not actually be a member of that parliament and theoretically have no ties to either side of the debate.

Up to the 1990's, the island nation of Nauru's phosphate reserve is meant per capita. It's people were amongst the wealthiest in the world. But a mix of mismanagement, theft, corruption and bad investments by successive governments means Nauru is now bankrupt, and relying on foreign aid for survival.

The aim of the constitutional change is to ensure this can't happen again. But a constitutional convention in April indicated many of the recommendations were unpopular. So instead of going into a scheduled November election, after having made changes which might be electorally damaging. President Ludwig Scotty when to the polls early, with his aim to legislate constitutional change and hold a referendum after he had won another term.

Now the elections over, the constitutional reform process is back underway. Nauru Parliamentarian Mathew Batsiua, is the chairman of the constitutional review committee.

BATSUIA: As soon as its tabled, it can't be passed until three months have elapsed, and within that three months, it can be debated and changed.

COONEY: Alright then, once that's done, then do we go to referendum?

BATSUIA: Well, once that's done, parliament has to pass it. Once it's been passed by parliament, by two thirds of parliament, then those parts that require referendum will then go towards referendum.

COONEY: Any change to Nauru's Constitution has two steps. Mr Batsuia says the big issues must be decided by all the public in the referendum.

BATSUIA: Crucial parts relate to finance, they relate to the parliament, their legislature, they relate to the judiciary, and they also relate to the executive. Those are the more crucial parts of any country, any democracy. So obviously they have to be changed by the Nauruan people through referendum.

COONEY: So these are the big ones, these are the big ones. I mean there certainly has been plenty of controversy in debate over these in Nauru, but they're the ones that the people will have to make the decision on?

BATSUIA: That's right, that's right. Most of the real big issues are touching upon public finance, especially it will have to go before the people. The bill of rights to will have to be passed by referendum, so they will have to go before the people.

COONEY: But many of those recommendations, including the issue of land ownership will be decided in parliament over the next three months.

Ludwig Scotty's government holds the majority in the country's 18 seat parliament, and having just won the electoral mandate for the next three years, there's some concerns they'll force in constitutional alterations it wants, not what the voters want.

Mathew Batsuia says as the head of the constitutional review committee, he will be recommending members of parliament be allowed a conscious vote.

BATSUIA: I think for important pieces of legislation, such as the Constitution, it is clear that the government would want members to exercise as much discretion and conscience as they can on these issues, because they are such crucial issues relating to the supreme law of the land.

COONEY: Has President Scotty given any indication if he will take that on board, if he will accept that recommendation?

BATSUIA: Well, President Scotty is also part of a new parliamentary constitutional review committee. He's now joined the committee. Certainly we've touched upon it briefly, but we haven't discussed it fully to resolution.

COONEY: Despite that, the government has reserved the right to make the final decisions on what questions will be in the referendum next year.

BATSUIA: Well, some of the issues are fairly divisive. People during the convention debated a lot on some of the changes to the elections of a president, for example. Before the referendum, just on the election of the president, I thought that was a given, I thought most people on Nauru would easily support a publicly elected president, popularly elected president. And to my surprise during the convention, that was voted down. But still, that has to go through a process in parliament, that still might make a comeback in parliament, if the majority of parliamentarians believe that it is worthy to be reconsidered and recommended to the referendum.