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This analysis subsequently published by the Citizens' Constitutional Forum (CCF) highlights that, while the government's 2013 draft constitution meets the non-negotiable principles and values set out by the government itself in decrees 57/2012 and 58/2012, the 2013 draft constitution falls short in four key areas:

  • It concentrates nearly all executive authority in the offices of the Prime Minister and Attorney-General;
  • the otherwise impressive Bill of Rights comes at the expense of severe limitations on many rights;
  • does not provide the necessary structural protections for the judiciary to be seen as independent;
  • there are very few avenues under the Government's Draft Constitution for citizens to participate in and ensure "good and transparent governance".

There are also two significant omissions from the government's draft constitution involving several other important issues affecting the ‘needs of Fiji and aspirations of its people’.

  • women are not mentioned once in the GDC. Indeed, there are no positive duties on the State to promote participation of women or protect their distinct needs. 
  • the land and governance rights of iTaukei, Rotuman and Banaban communities are no longer protected by the constitution.

This CCF report is intended to contribute to efforts that the government of Fiji will make to revise the latest drafts during April 2013 as it seeks to realise all its aspirations to ensure Fiji becomes a "true democracy" founded on "respect for, and protection and promotion of, human rights.’

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