The Fijian People Must Legitimize the Constitution
The Citizens’ Constitutional Forum believes that a fresh, innovative and appropriate approach is needed towards the Constitutional Development process to ensure it is inclusive and transparent and truly reflective of the voice of the people and can be legitimately adopted as the highest law of the land.
“The authority of a Constitution must be accepted and come in one way or another from the people of the State including the recognition of constitutionalism. It is not merely the acceptance of a certain principle, but that the process under which that accepted principle was implemented must be inclusive, recognised and accepted as legal and binding by the people,” stresses CEO Reverend Akuila Yabaki.
Rev. Yabaki says 21st Century constitutionalism is redefining the long tradition of expert constitution making and bringing it into the sphere of democratic participation. Process has become equally as important as the content of the final document for the legitimacy of a new constitution.
“CCF believes that Constitutional development does not necessarily have to follow the processes adopted in drafting of the Peoples Charter but a kind of constitutional assembly broadly representative and inclusive is suggested.
The makeup of the Dialogue Forum earmarked with a $10,000 allocation in the 2012 National Budget also is something that is critical as a first step in that process is inclusive, participatory, and transparent and consensus based as the sustainability of the process has to find legitimacy by all stake- holders.
“The government needs to make public its plans on how the public consultations on the drafting of the constitution will be undertaken, who will be involved and how members of the Constitutional Commission are expected to be appointed.”