ReportandRecommendation

to

HisExcellency,thePresident
on

thePeoplesCharterforChange,PeaceandProgress
andthe

StateoftheNationandEconomyReport

ExecutiveSummary The National Council for Building a Better Fiji (NCBBF) has completedthetaskassignedtoitbyYourExcellency,thePresident. Thisincludes,interalia,thefollowing: Criticalandanindepth analysisof thepolitical,socialand economic problems and challenges facing Fiji and the production of a comprehensive State of the Nation and Economy (SNE) Report with detailed findings and recommendationsonmeasures andactionsto addressthe problemsandchallengesand a Peoples Charter for Change, Peace and Progress that sets out a considered way forward for Fiji, to ensure sustainable democracy and good and just governance social and economic development and in particular, to attainnationalunity. The NCBBF acknowledges the progress that Fiji has made since independence in 1970 in its political, social and economic

development. However,astheSNEReportindicates,suchprogress has been hindered by divisive political governance, persisting political instability and ineffective institutions. These factors, in addition to the lack of clarity surrounding the role of the military, have, directly or indirectly, contributed to Fijis coups since 1987. Fijis economy has been performing far below its potential, mainly due to massive declines experienced during and after political upheavals in 1987, 2000, 2001 and 2006. Fiji lacks unity and a common national identity. The people are more aware of their communalandethnicidentitythantheirnationalidentity,andthisis reflected in the long standing, yet unresolved, discussion over a common name for our citizens. One of the most fundamental problems facing Fiji is the lack of unity. The Peoples Charter for Change,PeaceandProgresshasbeenformulatedtoaddressthese problemsandaspirations.

Vision
ThePeoplesChartersetsoutawayforwardforFiji,torebuilditinto a nonracial, culturally vibrant and united, wellgoverned, truly democratic nation a nation that seeks progress and prosperity throughmeritbasedequalityofopportunityandpeace.Thevision forrebuildingFiji,byempoweringthe peoplethroughtheadoption ofthePeoplesCharter,isbasedonthequestforthecommongood, andon the following fundamentalsharedvalues, vision, principles, andaspirations: equalityanddignityofallcitizens respect for the diverse cultural, religious and philosophicalbeliefs unity among people driven by a common purpose and citizenship goodandjustgovernance sustainableeconomicgrowth
2

 socialandeconomicjustice equitable access to the benefits of development includingaccesstobasicneedsandservices safeguarding,preservingandvalueingourenvironment and meritbasedequalityofopportunitiesforall. The purpose of the Peoples Charter is not to replace our Constitutionasthatrepresentsthesupremelawofourcountry.In fact,thegoalsaretostrengthentheConstitution,andtolayamore solidfoundationfortherebuildingofournation,asonecountryand onepeople,drawingupontherichnessofour diversityofcultures, heritage,andtraditions. The relayingof a more solidfoundation, to rebuilda better Fijifor all,restsonelevenkeypillars: EnsuringSustainableDemocracyandGoodandJust Governance DevelopingaCommonNationalIdentityandBuilding SocialCohesion EnsuringEffective,EnlightenedandAccountable Leadership EnhancingPublicSectorEfficiency,Performance EffectivenessandServiceDelivery AchievingHigherEconomicGrowthWhileEnsuring Sustainability MakingMoreLandAvailableforProductiveandSocial Purposes
3

 DevelopinganIntegratedDevelopmentStructureatthe DivisionalLevel ReducingPovertytoaNegligibleLevelby2015 MakingFijiaKnowledgebasedSociety ImprovingHealthServiceDeliveryand EnhancingGlobalIntegrationandInternationalRelations The NCBBF carried out extensive, nationwide consultations to gaugepublicopiniononthecriticalissuesandchallengesfacingthe country. This was done as an integral part of the process of the preparation of the SNE Report and a Draft Peoples Charter. Effectivemeasureswereputinplace,andadheredto,toensurethe authenticity and robustness of the consultation process and in obtainingandrecordingpublicopinion. Inthiscontext,theNCBBF welcomedtheappointment,byyourExcellency,ofathreemember Independent Monitoring Group (IMG) to oversight the consultation andPeoplesCharterprocess. The NCBBF recognises that Fiji needs to restore parliamentary democratic governance andthat this must be achievedas soon as possible. However, parliamentary democratic governance needs not onlyto be restored, through an election, but mustbe durable, going forward. This can only be done by ensuring free and fair elections,equalsuffrage,adherencetotheruleoflaw,andeffective functioningdemocratic institutions. The NCBBFmaintains that the caseforthereformofFijiselectoralsystemiscompellingandthat theneededchangesmustbeimplementedbeforethenextgeneral election. Fiji needs to put in place an electoral system that more accurately reflects the will of the people and which is based on equalsuffrage. The draft Peoples Charter was printed in English as well as the vernacular languages and widely circulated across the nation. A
4

large number of public meetings were held, and housetohouse visitsmadecoveringboththeruralandurbanareas,toexplainthe contents of the draft Peoples Charter. Fijis adult population i.e. those of age 18 years and above, were given the opportunity to freelyexpresstheirviewsonthedraftPeoplesCharter. As of 10 December, 2008, of the 533,782 people in Fiji aged 18 years andabove, the Peoples Charter process hadoutreachedand consultedatotalof424,660persons,thisrepresenting80percent oftheadultpopulation.Ofthisnumber,atotalof372,311persons providedtheirfeedbackbycompletingtheResponseFormsandof this, a totalof 342,592 or 92.0 per cent affirmed theirsupport for the draft Peoples Charter. An additional 11,300 or 3 per cent of those completing the Response Forms, also expressed support for the draft Peoples Charter but subject to certain changes being incorporated. Those not supporting the draft Peoples Charter totaled 14,481, this representing 4.4 per cent of the respondents. The total number of respondents who expressed support for the Draft Peoples Charter without any changes to its contents, i.e. 342,592,constitute64.2percentofthetotaladultpopulationaged 18yearsandabove. In summary, the support nationwide for the Peoples Charter is overwhelming. The NCBBF, therefore, submits that the Peoples Charter is broadly embraced by the people of Fiji, and that it represents a considered way forward for the country, to ensure sustainabledemocraticgovernance.

The NCBBF, therefore, recommends several steps to facilitate the effective implementation of the Peoples Charter and the related recommendations contained in the SNE Report. This includes the establishment of the proposed National Peoples Charter Council (NPCC),withbroadbasedrepresentation,toserveasapermanent mechanism for facilitating and strengthening the partnership involvingthegovernment,thecivilsocietyandtheprivatesector.It alsoincludesdueconsiderationbeinggiventoprovidingthePeoples Charter legal recognition, as necessary and appropriate and for

ensuringitsimplementationbythecurrentInterimGovernmentand theincoming,successivegovernments,atleastuptoyear2020.
The Peoples Charter is a clear and strong reflection of the aspirationsofthepeopleofFiji. Itprovidesasetofcommitments for change and reform which, based on the extensive nationwide outreach and consultation process, has been broadly accepted as the best way forward by the people of Fiji. It is a commitment by the people, at the levelof the individual, family, andcommunities, toachievechange,peaceandprogress,torebuildabetterFiji. The peopleofFijihaveparticipatedkeenlyintheconsultationprocessto affirm that they seek change, and they have expressed their commitmenttoitbyoverwhelminglyendorsingthePeoplesCharter.

Introduction
th Onthe25 ofSeptember2007,theInterimGovernment,aspartof Your Excellencys mandate to move Fiji forward, fully endorsed a proposalto launch a nationalinitiative to Builda Better Fiji for All, throughaPeoplesCharterforChange,PeaceandProgress(Peoples Charter). The National Council for Building a Better Fiji (NCBBF) was subsequentlyestablished by Your Excellency to undertake this initiative, through a nationwide, informed consultation process to diagnose the problems which Fiji faces, and to seek solutions to theseproblems.

ThisReportoutlinestheworkcarriedoutbytheNCBBFrelatingto: i) thepreparationoftheStateoftheNationandthe Economy(SNE)Report formulation of the Draft Peoples Charter for Change,PeaceandProgress thenationwidepublicconsultationprocess,which includes the recording of public opinion, on the DraftPeoplesCharterand consideration of public opinion, revisions to the draft Peoples Charter, and adoption of the final version for submission to Your Excellency the President.

ii)

iii)

iv)

This Report also contains a number of recommendations adopted by the NCBBF on measures that need to be taken to facilitate the implementation of the Peoples Charter, including the urgent measuresneededtorestoreparliamentarydemocracy.

NCBBFRoleandResponsibility
The work undertaken by the NCBBF was guided by the terms of reference as assigned to it by Your Excellency, the President, namely,to: i) undertake the preparation of an SNE Report, ensuring thatitwasindependent,factsbased, policyandissues orientedandforwardlookinginitscontents ensuring that the findings and conclusions of the SNE Report were made available to the people with full disclosure, with the dissemination of information being in forms that can be readily accessed, and understood bythewidercommunityacrossFiji formulating, on the basis of the SNE Report and the nationwide community consultations and feedback on it, a draft Fiji Peoples Charter for Change, Peace and Progress ensuringthatFijiscommunities,atalllevelsandacross the nation, are consulted and able to participate and express their opinions fully on the Draft Peoples Charterand incorporating the views of the people into the final versionofthePeoplesCharter,beforesubmittingthisto yourExcellency.

ii)

iii)

iv)

v)

Incarryingoutitswork,theNCBBFwasmindfulofitsresponsibility, i.e.toensure: i) effective countrywide participation in the consultation processanddisseminationofinformationtothepeople

ii)

developingbroadbasedownershipintheformulationof thePeoplesCharter respecting the views of the public and each National Councilmemberand ensuring genuine dialogue and discussion through a processofconsensusbuilding.

iii)

iv)

OrganisationalStructureandWorkProgramme
th At its first meeting on 16 January, 2008, the NCBBF established three National Task Teams (NTTs) consisting of National Council members to focus on specific areas of the terms of reference assigned by Your Excellency, the President. The NCBBF, in turn, assigned to each NTT specific terms of reference, to focus on priority topics to gauge public opinion, and to faithfully summarise and report back to the NCBBF on its deliberations and recommendations.

EachNTTsetupWorkingGroups(WGs),comprisingNTTmembers and representatives of the public and private sectors and the civil society. The nine WGs that were so established involved just over 200 persons, most from outside of the public sector. The WGs analysed and addressed a range of critical issues relating to their respective priority areas of responsibility and made appropriate recommendations to their respective NTT. To assist with their analyticalanddiagnosticwork,eachWGcommissionedanumberof Issues and Discussion Papers (IDPs) on selected topics. A total of 51 IDPs were produced, 22 of these by prominent experts who broughttobearspecializedexpertiseandexperienceonthevarious critical issues and topics and, 29 by the Technical and Support Secretariat(TASS)oftheNCBBF(seeAttachment1forthelistand topicsoftheIDPs).

TheareasofresponsibilityassignedtoeachNTTandWGarelisted below: NTT1onGoodGovernance: a. WG1Governance,Leadership,Constitutional& ElectoralReforms b. WG2InstitutionalandPublicSectorReformsand c. WG3 Role of Fijis Security Forces in National Development. NTT2onGrowingtheEconomy: a.WG4ClarifyingtheRoleofGovernment,PrivateSector and Civil Society for Stronger Growth & Greater Equity andSustainability b. WG5 Development of the Financial Services Sector and c. WG6DevelopmentoftheResourcebasedSectors. NTT3onSocialCulturalIdentityandNationBuilding: a. WG7Poverty,SocialJusticeandHumanRights b. WG8MeetingBasicNeeds:Education,Healthand Housingand c. WG9 NationalIdentityandtheRoleofReligion, CultureandEducationinNationBuilding.

10

ConsultationDocument
The preparation of the State of the Nation and Economy (SNE) Report was undertaken through a process of extensive, country wide consultation and participation. To facilitate such a participatory process, the NCBBF produced a Consultation Document written in English, Vosa VakaViti and Hindi, which was issued in February 2008 and widely distributed throughout the country. The Consultation Document was divided into two parts: Part 1 described the current situation of Fiji and Part 2 outlined a listoftheprobablecausesofFijisproblemsandraisedanumberof criticalquestionsandissuesthatneedtobeaddressed. The work undertaken by the nine Working Groups, the three National Task Teams, and the feed back obtained through the nationwide consultations covering over 1000 villages and settlements across the country, served as the basis for the productionoftheSNEReport.

Timetable
The original timetable for the completion of the Peoples Charter work was prepared, working back from March, 2009 i.e. the initial timelineforthenextgeneralelection. Thismeantcompletionofthe public consultations on the draft and presentation of the Peoples Charter by the end of October, 2008, to allow sufficient time for considerationofelectoralreformspriortotheconveningofgeneral elections.Thisschedulehadtobesubsequentlyadjusted,firstly,to allowformoretimetocompletethedeliberationsandconsultations of the Working Groups and National Task Teams and secondly, to undertake more extensive, nationwide public consultations on the Draft Peoples Charter, including on the NCBBF proposals for electoralreform.

11

th th The NCBBF held 7 meetings between 16 January and 11 December,2008,asfollows:

a. 16th January, 2008: the inaugural meeting to adopt its work programme to enable the completion of the Peoples Charter.
th b. 27 March,2008: toextendthetimeforthecompletion of tasks assigned to each National Task Teams and their respective WorkingGroups and to deliberate on strategies to promote greater involvement from the people in the process. th c. 15 April,2008: togive priorityto theissueofelectoral reform to enable early completion of the review of Fijis electoralsystem. th d. 2324 June, 2008: to consider the review of the electoralsystemandadoptproposalsforelectoralreform. th e. 45 August,2008:toconsidertheReportsofeachNTT, approvetheSNEReportandtheDraftPeoplesCharterand adoptthestrategyfornationwidepublicconsultations. th f. 15 October, 2008: to extend public consultations on theDraftPeoplesChartertomidDecembertoenablemore effectivenationwideconsultationsatalllevels. th g. 1112 December, 2008: to consider public opinion on theDraftPeoplesCharterandendorsethefinalversionfor submissiontoYourExcellency,thePresident.

BudgetandAdministration
The NCBBF was supported in its work by a Technical and Support Secretariat(TASS)consistingmainlyofcivilservantssecondedfrom various Government Ministries and Departments and also a few expert overseas consultants, and staff recruited from the private
12

sector and civil society in Fiji. In the absence of any external fundingsupportfromFijisdevelopmentpartners,thewholePCCPP undertaking was funded by the Interim Government. From the outset, andthroughout the periodof the operations of NCBBF and TASS,theInterimGovernmenthonoureditscommitmenttoletthe PCCPP process be undertaken independent of it, without interferenceorundueinfluence.

TheStateoftheNationandEconomy(SNE)Report
Following consideration of each WG and NTT Report, and the feedback from the countrywide outreach and consultations, the State of the Nation and Economy (SNE) Report was produced. The SNE Reportcontains a comprehensive analysis of the political, legal,economicandsocialissuesandchallengesfacingFiji.Asper the terms of reference given to the NCBBF, the SNE Report is independent in its assessment, factsbased, policy and issues oriented,andforwardlookinginitscontents. AbriefsummaryofthefindingsoftheSNEReportissetoutbelow: i) Failuresofgovernancehavebeenattributedtoongoing political instability. Several factors have contributed to this. Fijis communal voting and representative system has made racebased policies inevitable since independence while the Alternative Vote system has at times failed to accurately reflect the will of the people. Leadership, particularly at the national level, has at times been too focused on specific community and/or personal interests rather than on the national or public interest. For various reasons, which include a lack of financial and human resources, Fijis democratic and accountability institutions have not been able to carry out their functions effectively and efficiently. These factors,inadditiontothelackofclaritysurroundingthe role of the military, have, directly or indirectly, contributedtoFijiscoups,instability,andageneralslide downhillintermsofsocialandeconomicdevelopment.
13

ii)

Fijis public sector, which includes the civil service, is generally inefficient and ineffective in terms of both its capacity and performance. The delivery of public services, particularly in the health and education sectors, and the overall effectiveness of the public sector,aswellasitssize,nowrequireurgentattention. Attempts at reforms in the last ten years have not achieved the desired results for various reasons, chief among them being, a lack of political will to implement the changes needed to ensure a public service that is performance and serviceoriented, and which is accountableandethical. Fijis economy has been performing far below its potential. Economic performance over the past two decades has been erratic with massive declines experienced during and after political upheavals between 1987 and 2006. In the wake of the coups of 1987 and 2000, efforts to restore stability and to re establish economic growth have faltered, with any success short lived. There are many reasons for the poor performance of Fijis economy in recent decades. Thepersistenceofpoliticalinstability,incidentsofinter communal violence, and crime have exacerbated the countrys economic and social problems. Investors, both local and foreign, seek stability and certainty because these reduce the risks of their investment decisions. Persistence of political instability has led to an erosion of confidence, and scared investors away. There has not been enough capital investment to generate the new jobs needed by the growing number ofschoolleaversandthelargenumbersofunemployed whoareseekingemployment.Theincidenceofpoverty hasincreasedsharply. Fiji lacks unity and a common national identity. People tend to identify more with their ethnicity, province
14

iii)

iv)

and/orreligion,indicatinganeedtopromoteanational identity that binds all the people. Several factors have contributed to this, chief among them is a lack of understandingof,andattimeslackofrespectfor,Fijis differentreligionsandculturesandafailuretoentrench acultureofrespectforbasichumanrights. Thissense ofinwardlookingethnicidentityhasbeenreinforcedby divisiveandethnicallybasedinstitutionsofgovernment, communal based electoral systems, advocacy and entrenchment of ethnic problems and the lack of political willto create a nationalidentity. Thus, people are more aware of their ethnic identity than of their national identity, and this is reflected in the long standingdiscussion,yetunresolved,overanameforour citizens. Oneofthemostfundamentalproblemsfacing Fijiisalackofunity. WhiletheNCBBFdoesacknowledgetheprogressthatFijihasmade in terms of its political, social and economic development since independence, this continues to be hindered by the deeprooted political,economicandsocialproblems,assummarisedabove.The SNEReportoffersacriticalanalysisoftheseproblemsandsetsout a comprehensive list of recommendations designed to address them.

The Draft Peoples Charter for Change, Peace and Progress

15

general public during the nationwide outreach and consultation process. Eleven key pillars are set out in the Draft Peoples Charter as the foundation for the rebuilding of Fiji as a nation. These key pillars are: Ensuring Sustainable Democracy and Good and Just Governance Developing a Common National Identity and Building SocialCohesion Ensuring Effective, Enlightened and Accountable Leadership Enhancing Public Sector Efficiency, Performance, EffectivenessandServicedelivery Achieving Higher Economic Growth While Ensuring Sustainability MakingMoreLandAvailableforProductivePurposes DevelopinganIntegratedDevelopmentStructureatthe DivisionalLevel ReducingPovertytoaNegligibleLevelby2015 MakingFijiaKnowledgebasedSociety ImprovingHealthServiceDeliveryand Enhancing Relations. Global Integration and International

Toachievetheobjectivesofeachkeypillar,specificactionsare required. These are set out in summary in the Draft Peoples
16

Charterandpresentedindetail in the SNEReport. Therefore, the Peoples Charter andthe SNE Reportshouldbe taken as a compositewhole.

PublicConsultationsontheDraftPeoplesCharter
The NCBBF carried out extensive, nationwide consultations on the DraftPeoplesCharter.Thisinvolvedthe: i) publication(inEnglishandthevernacular),anddistribution throughout the country, of the Draft Peoples Charter, the ExecutiveSummaryoftheSNEReport,andapamphleton ElectoralReformand ii) directconsultationwiththepeopletogaugepublicopinion on the Draft Peoples Charter. A Response Form to record publicopinionwasutilized(seeattachedcopy). TheNCBBFidentifiedalladultpersons,aged18yearsandover,as the targeted audience for consultations on the Draft Peoples Charter. 250,000 copies of the Peoples Charter Documents were published,andtheseweredistributedtoasmanypeopleaspossible acrossthecountry. Inaddition,informationonthecontentsofthe Draft Peoples Charter and the SNE Report were communicated extensively through the radio and print media. The documents were also made available through the Interneton both the NCBBF and the Ministry of Information websites. 200,000 English, 30,000 Fijian and 20,000 Hindi copies of each document were distributed st throughoutFijifromthe21 Augustto30thNovember,2008. Public outreach teams consisting of NCBBF and TASS members, public servants, and representatives of various nongovernment organisationswereestablishedforeachDivisiontoundertakedirect publicconsultationsthrough: i) public meetings in villages, settlements and urban centresthroughoutthecountry

17

ii)

housetohouse visits in towns, cities and most rural settlementsand presentations to public servants in all Government MinistriesandDepartmentsandotherStateinstitutions, statutorybodiesandbusinesshouses.

iii)

AbriefpresentationontheDraftPeoplesCharterandclarificationof anyissueswereprovidedduringeachvisitandpublicforum,before people were requested to provide their views and opinions on the DraftPeoplesCharterthroughtheResponseFormsprovided. The following measures were put in place to ensure the transparencyandauthenticityoftheconsultationprocesstorecord publicopinion:

Apresentationexplainingandclarifyingthecontentsofthe Draft Peoples Charter was to be made at all public meetings before the people were requested to fill in, of theirownfreewill,theirResponseForms Respondents were informed of their right to make one of thethreechoices,andtodothisoftheirownfreewill,to: eitheracceptoracceptwithreservationsorsimplyreject theDraftPeoplesCharter Respondents were requested to identify themselves to ensure verification as a member of the targeted audience andtoavoidmorethanoneresponsefromindividualsand Respondents were given the opportunity to submit any opinions, comments and/or reservations about the Draft PeoplesCharterontheirResponseForms.

FinalVersionofthePeoplesCharter
PublicconsultationsontheDraftPeoplesCharterwerecompletedin earlyDecember,2008.
18

The NCBBF received a Report from its Technical and Support Secretariat (TASS)on the outcomes of the nationwide consultation process. As of 10 December, 2008, of the 533,782 people in Fiji aged 18 years and above, the Peoples Charter process had outreached and consulted a total of 424,660 persons, this representing80percentoftheadultpopulation.Ofthisnumber,a totalof372,311personsprovidedtheirfeedbackbycompletingthe Response Forms and of this, a total of 342,592 or 92.0 per cent affirmedtheirsupportfor the draft Peoples Charter. Anadditional 11,300or3percentofthosecompletingtheResponseForms,also expressed support for the draft Peoples Charter but subject to certainchangesbeingincorporated.Thosenotsupportingthedraft Peoples Charter totaled 14,481, this representing 4.4 per cent of therespondents.Thetotalnumberofrespondentswhoexpressed support for the Draft Peoples Charter without any changes to its contents, i.e. 342,592 constitute 64.2 per cent of the total adult population aged 18 years and above. See Attachment 3, and the chartsbelow.

DraftPeoplesCharter:SupportatNationalLevel(Respondentsasapercentage oftheAdultPopulationofAge18yearsandabove:533,782)

31%

PositiveResponseiefully supportandthosesupporting butwithcertainqualifications (353,892) NegativeResponsei.eDoNot Support (14,481)

3%

66%

Undecided (165,409)

19

DraftPeoplesCharter:NationalLevelFeedback (TotalNumberofRespondents*=372,311) 1% 4% 3% Yes,supportbutsubjectto amendments (11,300) Donotsupport (14,481) Undecided (3,938) 92% *Thosewhocompletedandsubmittedthefeedbackforms Yes,fullysupport (342,592)

Ofthetotaladultpopulationofage21yearsandabovei.e.489,708 people, the consultation process outreached 391,586 or 80 per cent. Ofthese,atotalof342,540personscompletedtheResponse Formsandof that,316,529or92.4percentindicatedsupportfor the Draft Peoples Charter, without any changes to its contents. A further10,327or3percentoftherespondentsexpressedsupport butwithsomequalificationsandatotalof12,295or4percentof the respondents did not support the Draft Peoples Charter. Thus, the total number of respondents who expressed support for the Draft Peoples Charter without any changes to its contents, constitute 64.6 per cent of the total population aged21 years and above. SeeAttachment3fortherelevantstatisticsandthechartsbelow.
DraftPeoplesCharter:SupportatNationalLevel (RespondentsaspercetageofAdultPopulation ofAge21yearsandabove:489,708) PositiveResponseiefully supportandthosesupporting withcertainqualifications (326,856) NegativeResponseieDoNot Support (12,295) 3% Undecided (150,557)

31%

66%

20

DraftPeoplesCharter:NationalLevelFeedback (TotalNumberofRespondents*=342,540)

1% 4% 3%
Yes,supportbutsubjectto amendments (10,327) Donotsupport (12,295) Undecided(3,389) Yes,fullysupport (316,529)

92%
*Thosewhocompletedandsubmittedthefeedbackforms forms

In summary, the support nationwide for the Peoples Charter has been overwhelming. The NCBBF, therefore, submits that the PeoplesCharterhasverystrong,broadbasedsupportofthepeople ofFiji. The NCBBF also received from TASS a feedback matrix on the public consultations, in particular on the specific comments and/or reservations expressedby the public on the Draft Peoples Charter. Based on this Report, certain changes were made to the Draft Peoples Charter, this done mainly to clarify and allay concerns expressedbythepublicinrelationto: i) the formation of the Government following a general election i.e. the size and composition of the Cabinet underPillar1 theroleofthemilitarybyaddinganadditionalprinciple tothelistofthirteenforendingthecoupculture,under Pillar1 clarification of interfaith dialogue and the status of the VolaNiKawaBula,underPillar2

ii)

iii)

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iv)

removingtherequirementforthenationalantheminall threelanguages,underPillar2 enhancing the role of women leaders and defining and explaining the leadership qualities included in the LeadershipModel,underPillar3 more specific measures to improve the efficiency and effectivenessofthepublicsector,underPillar4

v)

vi)

vii) the importance of environmental sustainability, under Pillar5 viii) clarification of the continued role of the Native Land Trust Board in the administration of native land, under Pillar6 ix) thedevelopmentofanintegrateddevelopmentstructure atthedivisionalratherthanprovinciallevel,underPillar 7 specifying the need for access to education for the disabled,underPillar9and thecompositionoftheNationalPeoplesCharterCouncil.

x)

xi)

Following the above changes the Final Version of the Peoples Charter was prepared for submission to Your Excellency, the President. The Peoples Charter calls for specific actions to be taken under its eleven key pillars to rebuild a peaceful and progressive Fiji. A summaryofthesespecificmeasuresissetoutbelow:

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1. Pillar1:EnsuringSustainableDemocracyandGoodand JustGovernance:

the abolition of communal voting and representation and adoption of an Open List PR electoral and voting system improving the effectiveness of democratic institutions, by putting in place measures to ensure greater accountability of the Government to Parliament and strengtheningtheaccountabilityframeworkthroughthe enactment of Freedom of Information and Media laws andcapacitybuildingofaccountabilityinstitutions the implementation of and adherence to 14 key principlesforendingthecoupculture clarifying and enhancing the role and effectiveness of thedisciplinedservicesbyensuringgreatercoordination on national security interests, a greater commitment to the concept of human security for the military, and settingspecifictargetstoimprovelawandorderand entrenching a culture of human rights in Fiji through Antidiscrimination legislation and capacity building of theHumanRightsCommission.

2. Pillar 2: Developing a Common National Identity and BuildingSocialCohesion:

promoting the importance of a national identity to facilitate reconciliation and rebuilding by amending the Constitution to change the official name of the country to Fiji and adopting the common name Fijian for all citizens promoting a national moral vision and cooperation and understanding among religions and cultures through
23

interfaith dialogue and formal education initiatives, which include multicultural education, teaching of vernacular languages, a National Youth Scheme, and conducting flag ceremonies and singing the national antheminallschoolsandimportantstatefunctionsand

removing racial categorisations involving the gradual phasing out of institutional names that denote racial affiliations and elimination of racial profiling by Government and other institutions and entities while recognising that the status of the Vola ni Kawa Bula (VKB), Native Lands Commission (NLC), andthe Native Lands Trust Board (NLTB) records, since they apply specifically to the affairs of the iTaukei, will not be affected. Enlightened and

3. Pillar 3: Ensuring Effective, AccountableLeadership:

enactment of the Code of Conduct to enforce proper conduct standards and increase the accountability of holdersofhighpublicoffice ensuring effective leadership by increasing public awarenessaboutthetypesofleadershipqualitiespeople shouldlookforinpublicleadersthroughtheadoptionof aLeadershipModelandthroughgreatercommitmentto leadershiptrainingand enhancing,supporting,andensuringtheparticipationof womenleadersatalllevelsofdecisionmaking.

4. Pillar 4: Enhancing Public Sector Efficiency, PerformanceEffectivenessandServiceDelivery:

strengthening public service transparency and accountability by removing political interference and

24

strengthening the independence of the Public Service Commission

greater commitment to public sector reform as regards service delivery, civil service andpublic enterprises reform byacceleratingtherightsizingofthepublicsector,greater commitmenttoperformancemanagement,andintroducing i) service charters ii) a national code of corporate governance and iii) a director development programme and strengthening the capacity, leadership and coordination of policydevelopmentandimplementation.

5. Pillar 5: Achieving Higher Economic Growth While EnsuringSustainability:

ensuring the government, the private sector and civil society play an appropriate role in supporting and facilitatingprivatesectorledgrowth updating the regulatory and legal framework governing business andcommercial activity and ensuringcompliance withbestinternationalpractice ensuring greater accountability in governments fiscal and economic policies through amendment to the Financial ManagementAct strengtheningthefinancialservicessectorbyestablishinga Financial Services Commission and developing a Capital MarketsMasterPlanand placing greater priority on environmental protection and sustainabilitybystrengtheninginstitutionalcapacityand promotingsustainablemanagementofnaturalresources.

25

6. Pillar 6: Making More Land Available for Productive Purposes:

toimproveaccessibilityforalllandusersthroughsustainable lease arrangements that ensure security of tenure and equitable returns creating a market for leased land developinglandusemechanismsenablingindigenousFijian landowners greater access to leased land and formalising vakavanuaarrangementsand makingmore land available for socialpurposes like housing and infrastructure development in both rural and urban areaswithGovernmentplayingakeyfacilitatingrole.

7. Pillar 7: Developing an Integrated Development StructureattheDivisionalLevel: mainstreamingindigenousFijiandevelopmentinterestsinto national development plans and programmes by merging the development roles and functions of relevant Ministries and Departments to eliminate duplication and ensure optimumuseofresourcesand further improving the delivery of development services by upgrading the professional capacity and skills at the divisionallevelandintegratingDevelopment Boardsat the national,divisional,provincial,anddistrictlevels. 8. Pillar8:ReducingPovertytoaNegligibleLevelby2015:

establishing a National Programme to Reduce Poverty to meet Millennium Development Goal targets improve coordination on poverty alleviation programmes and ensuretimelycompilation,researchandanalysisofpoverty statistics introducinganationalminimumwageand

26

improving the effectiveness and fairness of social justice (affirmativeaction)programmesandlegislation.

9. Pillar9:MakingFijiaKnowledgebasedSociety: ensuringaccesstoqualityeducationforall,whichincludes increasingaccesstotertiaryandhighereducation reformstotheeducationsystemthatincludeestablishinga modularsystemastatutorybody fornonformallearning a coherent tertiary education system and implementing a progressive and responsive curriculum, which includes enhancingskillsbaseandvocationaltraining improving the financing of education, which include a systemtoensureadequatedistributionofeducationgrants basedonthedisadvantageofschoolsand strengthening early childhood education, especially in the ruralareasandtheouterislands. 10. Pillar10:ImprovingHealthServiceDelivery: increasinghealthfinancingasaproportionofGDPby0.5% annuallyto7%withinthenexttenyearsandotheroptions forfinancingsuchassocialhealthinsurance strengthening institutional arrangements by establishing a HealthPolicyCommissionandcentralisingdecisionmaking anddecentralisingservicedeliveryand increasing private sector participation in health service delivery.

27

11. Pillar 11: Enhancing InternationalRelations:

Global

Integration

and

strengtheninglocalcapacityto:engageinglobaltradingby increasing private sector participation enhance bilateral and multilateral relations improve investment, trade facilitationandnegotiationsand advocate Fijis interests in regional and international institutions such as the Pacific Islands Forum, the Commonwealth,andtheUnitedNations.

SomeGeneralCommentsandObservations
Since the Peoples Charter initiative was first launched, those who have remained steadfastly opposed to the Interim Government mounted a vigorous campaign to discredit and derail this undertaking. The NCBBF, in responding to the various distracting claimsmade aboutthisinitiative,andtheprocess,hasconsistently maintainedthatthePeoplesCharter: i) affirmsthattheConstitutionrepresentsthesupremelaw of Fiji and seeks only to strengthen and enhance its effectivenessasthe legalframework fortheconductof government and the people. The Peoples Charter provides a set of commitments for change and reform which, based on the extensive outreach and consultation process, has been affirmed by the people of Fiji. It isa commitment by the people to each other about change, peace and progress to rebuild Fiji as a nation. It is the people of Fiji who are seeking change and, under the Peoples Charter, have committed themselves to change for the better. This commitment by the people has been expressed freely and without intimidationand isnot antiiTaukeiin factitdidtakeinto account the UN Declaration for the Rights of Indigenous Peoples
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ii)

(September, 2007), and that it seeks to promote and protect the interests of all communities in Fiji. Equal opportunity, regardless of gender or race, is the most effective way to successfully address problems created by ethnic divisions. As a policy measure, affirmative action should only be introduced when there is a genuineneedtocorrectanyimbalancecreatedbyequal opportunity. Ongoing commitment to the principles of goodgovernancethatinvolvearespectforbasichuman rights and the rule of law, true representative democracy, and transparency and accountability in public administration, will result in the continued protection of indigenous Fijian interests and ensure other communities have the same opportunity to improvetheirlivelihoods.

ImplementationofthePeoplesCharter
While the political negotiation and dialogue involving the Interim Government, the political parties and other key stakeholders, through the Presidents Political Dialogue Forum, is now imminent, to map the way forward for Fiji, the NCBBF, noting the overwhelming public support for the Peoples Charter, considers it appropriate to identify possible measures that can be taken to facilitate the formal adoption and implementation of the Peoples Charter. TheNCBBFhasalreadyundertakenacomprehensiveanalysisofthe administrative mechanisms needed to ensure the effective implementation of the Peoples Charter, currently anticipated to be undertaken in four phases, upto the year 2020. The bulkof the implementation implications fall upon the people of Fiji and communitiesatlarge.Byembracingit,andassumingownershipof the Peoples Charter, the people of Fiji are expected to ultimately compelsuccessiveelectedGovernmentstotakeresponsibility,with duediligenceandcommitment,toimplementthePeoplesCharter.

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The Peoples Charter recommends the establishment of an independent National Peoples Charter Council (NPCC) to oversee and facilitate implementation, particularly through the national budgets. The NPCC, given its proposed broadbased representation, is to serve as a permanent mechanism for facilitatingastrongpartnershipofthegovernment,thecivilsociety andtheprivatesector. Inparticular,theNCBBFrecommendsthat

thefunctionsoftheNPCCinclude: i) monitoring implementation of the Peoples Charter generally focusing on the outcomes and Key PerformanceIndicators providing a forum for consultation for all stakeholders, amonggovernment,privatesectorandallothersectors ofsociety,onnationaldevelopmentissuesand maintaining continuous outreach to the communities and civic education on the Peoples Charter, good governanceissues,nationalidentityandrelatedcapacity building.

ii)

iii)

Other recommendations are for the establishment of sub committeesandasecretariattoservicetheNPCC,thelatterroleto be performed by the National Planning Office under the Prime Minister. Implementing the Peoples Charter will basically involve monitoring by the NPCC, and reporting to Parliament, and the inclusioninthisprocessthroughsubcommitteesandthesecretariat consisting of relevant Government Ministries and Departments and Stateinstitutions,theprivatesectorandcivilsociety.
TheNCBBFisof theopinionthatinordertofacilitate theeffective implementation of the Peoples Charter, future consideration must be given to providing it appropriate legal recognition. Several options exist to provide the Peoples Charter and administrative mechanisms like the NPCC, appropriate legal status. The NCBBF considers that these options should become part of any political

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dialogue taking place, to return Fiji to parliamentary democracy, giventhestrongpublicsupportforthePeoplesCharter. There is of course a need to identify the measures under the PeoplesCharterthatmustbeimplementedbeforethenextgeneral elections. The NCBBF is of the firm view that before any general election can take place, electoral reform, along the lines as proposedunderthePeoplesCharter,mustbeundertaken,andthat such changes must be adopted through legal and constitutional means. There is strong public support for this. The major issues arising out of the electoral reform proposals that need to be addressedare: i) a review of the composition of Parliament, namely the sizeoftheHouseofRepresentativesandthecontinued existenceand/ormakeupoftheSenateasproposedby theNCBBFintheSNEReportand theamendmentoftheConstitutionandtheElectoralAct 1998 to implement all electoralreform proposalsas set outinthePeoplesCharter.

ii)

These measures must be undertaken before a general election is heldinorderforFijitobeabletorestoreandsustainparliamentary democratic governance. There is a need for electoral reform that putsinplace asystem thatmoreaccuratelyreflectsthewillofthe people, does not disenfranchise a large percentage of the electorate, andis basedon equalopportunity for all voters. It is a fact that certain parts of the current Constitution, particularly provisionssettingoutthecommunalvotingsystem,havehelpedto entrench, perpetuate, andlegitimise racebased, divisive politics. A majorimpedimenttoFijisreturntoparliamentarydemocracyisthat thecurrentvotingandelectoralsystemisitselfundemocratic.

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ConclusionandRecommendations
InconsideringawayforwardforFiji,theNCBBFhasinitsanalysis of the critical problems affecting the country and consideration of themeasuresneededtoensureamoreprosperousFiji,reachedthe followingconclusions: i) The Peoples Charter is a clear reflection of the desire andcommitment of the people of Fijito change, peace and progress. Ultimately, it is the people who will be responsible for driving the full implementation of the Peoples Charter. At least almost twothird of the total voter population, of age 18 years and over, have been consultedandhaveexpressedanopiniononthePeoples Charter. Based on the consultation process, there is overwhelmingpublicsupportforthePeoplesCharter. The Peoples Charter presents the best opportunity to achieve sustainable democracy and good and just governance in Fiji. It is the basis for future development. It identifies the critical issues that Governments must address to ensure Fiji is able to achievesustainabledemocracyandmeetitspotentialin terms of social and economic development. One of the main objectives of the Peoples Charter is to commit future Governments to addressing the critical problems affecting the country rather than divertingresources to what are essentially nonpriority areas. The Peoples Charter does provide for specific action and the SNE Report contains many recommendations on how to meetitsobjectives.However,futureGovernments,with amandatefromtheelectorate,willhavetheflexibilityto make decisions on how best to implement and achieve theobjectivesofthePeoplesCharter. The widespread publication and distribution of the PeoplesCharterdocumentsisalreadyasuccessinterms
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ii)

iii)

of involving the people in the decision making process and promoting awareness and a basic understanding throughout all communities in Fiji of the critical problems and challenges facing Fiji today. Further increasing this level of understanding, through the proposed NPCC and a process of ongoing continuous consultation and related feedback mechanisms, in villages, settlements and communities across the country can empower the people to make informed decisions about the actions needed to improve their livelihoods,andalsotoholdtheirleadersaccountable.

The NCBBF recommends that the proposed NPCCbeputinplacewithdueurgency,with broadbased representation, to serve as a permanent mechanism for facilitating a strong partnership involving the government,thecivilsocietyandtheprivate sector and further, that the National PlanningOfficeinthePrimeMinistersOffice serveastheSecretariatoftheNPCC.
iv) The NCBBF maintains that electoral reform be implemented before the next general election through legalandconstitutionalmeans.ItisvitalforFijisfuture thatreformsbecarriedouttoputinplaceasystemthat more accurately reflects the will of the people and is basedonequalopportunity.

TheNCBBF,therefore,recommendsthatthe Interim Government present options to the Presidents Political Dialogue Forum that is to be facilitated by the United Nations and Commonwealth Secretariat, with a view to reaching consensus among all key stakeholders and the political parties on changes to the law to implement electoral reform,beforethenextgeneralelection.
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v)

In view of the overwhelming public support for the Peoples Charter, the NCBBF recommends that His

ExcellencythePresident:
a) Receives, and notes that the Peoples CharterforChange,PeaceandProgressand the State of the Nation and the Economy Report, together, constitute a composite whole, providing a practical framework for the achievement of the common interests, andforthecommongood,tocharttheway forwardtobuildingabetterFijiforall while recognising that the bulk of the responsibility for implementation will fall upon the people of Fiji and communities at large, endorses to the Interim Government to take the steps necessary to ensure the implementation of the Peoples Charter for Change,PeaceandProgressandtherelated recommendations as contained in the SNE Report askstheInterimGovernmenttoensurethat the full version of the Peoples Charter gets disseminated widely to the people of Fiji and asks the Presidents Political Dialogue Forum,thatistobeconvenedandfacilitated jointly by the Commonwealth Secretariat and the United Nations, to discuss the formal adoption of the Peoples Charter including the SNE Report, recognising that inviewoftheirstrong,broadbasedsupport forit,thepeopleofFijiwillexpectincoming successive elected Governments, with due flexibility, to make their own decisions on howbesttoimplementthePeoplesCharter.

b)

c)

d)

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We submit herewith this, Your Excellency, our Report and Recommendationsinregardtothepreparation,adoptionand implementation, of the Peoples Charter for Change, PeaceandProgress.

National Council for Building a Better Fiji Parliamentary Complex, Veiuto, Suva 15th December, 2008

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