Transcript
BULUTANI MATAITAWAKILAI: Looking back at Fiji's constitutional making history people are still holding onto their view against how the 2000 constitution was drafted through the process. How the Yash Ghai draft was discarded. So for that reason we are saying that the constitution is a living document and like any constitution it is a living document so we are urging the government. To listen to the voice of the people. They are the one who are feeling the impact. Who are there are ground level on the implementation of the constitution. So there are issues that are still hovering above the constitutional issues in Fiji so it should be open for review.
KOROI HAWKINS: So I would assume from that statement that it isn't open for review at the moment. Is that the situation?
BM: At the moment the government is firm that this is the constitution that we will have for Fiji and it is not going to be reviewed that is according to the government. We believe that a constitution is a living document and it should be allowed to be reviewed if we feel or the majority feel that there are certain aspects of the constitution especially those that inhibits the promotion and respect of human rights.
KH: And are there aspects of the current constitution that has that effect of denying people of some of their human rights? And which ones are particularly concerning?
BM: We feel that under the Bill of Rights there are some of those what we call claw back clauses. Which states that when you are given all the rights and then the clause states these rights maybe limited to any other law. So we feel that those are that is one example of clawback clauses in the constitution and another is we still have those draconian decrees that are still made alive in the constitution.
KH: Now I notice you are very measured and calculated in the way you are talking to me. Is this quite a sensitive issue as well to be talking about in Fiji?
BM: Oh yes it is a very sensitive issue because Koroi at the moment we have people who are saying bring back the 1997 constitution. We have people who are saying that the 2017 constitution cannot be reviewed. So people are still at loggerheads. Some people are saying for the two constitutions to be taken to court. And for the court to make a decision. Which one is still valid. And for CCF we feel that going back to 1999 constitution will bring about a lot of uncertainty. The way forward, the way forward for Fiji is having the current constitution given the space to be reviewed. Whether it is after 2018 election or maybe the next five years or if it takes 10 years because the constitution they are not cast in stone.
KH: And you mentioned the elections coming up next year is this do you feel going to be a campaign issue an important campaign issue for everyone?
BM: What we are hearing is that from the background. Some political parties have been mentioning a review of the 2013 constitution but as for CCF we will caution them on the process. What I said I alluded to earlier it is not a matter of taking away 2013 constitution and bringing back 1997. We cannot be going backwards. We have to move forwards. If we feel that there are aspects of the 1997 constitution to be adopted by the 2013 constitution so we have to follow the proper procedures and the processes in doing so.
KH: So you cant just keep hitting the reset button so to speak and throwing constitutions out the window and bringing in new ones and throwing them out and bringing in new ones otherwise you will keep starting at square one all the time. Is that what you are saying?
BM: Yes I think the Fijians the citizens we had enough of those. It is the leaders who should be thinking strategically with vision. Collective vision for our nation. Having constitutions after every political turmoils is not the right thing for Fiji at the moment and I think we feel enough for us after 2006. The way forward now is to revive and put into practice our talanoa spirit. Opening up of dialogue spaces for civil society for the government and the opposition and we have to talk about constitutional reforms. And for an organisation like CCF we do, we continue to reach out to communities on the new constitution. We educate them on the new constitution and also make them aware of their roles and responsibilities of those that certain clauses in the constitution that they can lobby and ask for government to review.
