Terms of Reference

National Council For Building a Better Fiji
Draft Terms of Reference for National Task Team 1: Good Governance

Introduction

The National Council’s overall objective is to rebuild Fiji into a non-racial, culturally vibrant and united, well governed, truly democratic nation that seeks peace and progress through merit based equality of opportunity, justice and the mutual observance of everyone’s human rights.

The bulk of Fiji’s history, as an independent nation has been marked by the weakening of democratic traditions,

particularly over the past two decades. Worsening economic and social conditions beset Fiji today. Fiji’s problems are clearly deep-rooted and complex. And there are no quick, simple or easy solutions. Given such a situation, the people of Fiji, individually and collectively, need to come together to contribute actively to help resolve the country’s deep-rooted and most fundamental problems, to help build a better Fiji for all. With this as our collective, national objective, Fiji’s people, particularly leaders at all levels, in individual communities and the society as a whole, need to place Fiji’s national interest ahead of any personal and sectional interests.

To facilitate this process, the National Council, through its three (3) National Task Teams (NTTs) will conduct a nation-wide, informed consultation process to diagnose the problems confronting Fiji and to seek sustainable solutions to these problems. The consultation process is to be “informed” in the sense that facts on the current state of the nation and economy, and preliminary and tentative analyses of the causes of the problems confronting Fiji will be widely distributed, with the dissemination of information being in forms that can be readily accessed and understood by the wider community across the nation.

Failures of governance have been responsible for ongoing political instability. Race-based politics and policies, stemming from a race-based constitutional architecture and electoral system, have been divisive and have stood in the way of nation building. An impasse on the constitutionally entrenched provisions regarding the leasing of native agricultural land, and the erosion of trust between ethnic communities leading to, among other things, rising crime and the mass emigration of a large proportion of the country’s skilled labour force. The effectiveness and efficiency of the public sector, as well as its size, and public service delivery have been the subject of much criticism. The role of the army, following four coups in twenty years, is now shrouded in ambiguity. The mechanisms of governance require a fundamental overhaul.

The National Task Team 1 will focus on Good Governance, and its role is (a) to oversee the organisation of the factual, diagnostic and analytical work and its effective dissemination throughout the country; and (b) to faithfully summarise and report back to the National Council on its deliberations and recommendations on each of the following four (4) Priority Topics in the area of Good Governance:

Priority Topic 1: Governance Framework, including Constitutional and Legal Reform

Examining whether or not the existing Constitutional framework provides for the most effective form of democratic governance for Fiji in that it enables the advancement of the economic and social interests of Fiji overall, particularly having regard to:

The effect of the existing electoral and voting system on conducting free and fair elections, including the use of communal voting rolls and the impact of the alternative voting system;
The multi party power sharing arrangements under which the Government is constituted;
The various protections that are provided for human rights and indigenous rights under the Constitution;
The extent to which the Constitution encourages representative or, instead, divisive roles to be played by politicians and by political parties;

and whether any Constitutional changes should be recommended, including options for changes in the electoral system (such as by introducing proportional representation).

Examining whether the existing legal system is effective in enabling the upholding of the rule of law, in particular as regards the coherence of the overall framework of laws applying in Fiji and the enforcement of the law through the court system.

Reviewing the overall effectiveness of accountability mechanisms such as the Parliament, the Auditor-General; Human Rights Commission; Ombudsman; and the Independent Commission on Corruption

Examining the role that should be played by an independent and accountable media in fostering free speech through fostering a high quality debate on issues of national interest.
Making any other recommendations appropriate to improving governance, legal and constitutional arrangements in Fiji.

Priority Topic 2: Leadership and Institutional Reform

Reviewing what style of leadership is best suited to the Fiji’s situation, in particular the standards of behavior- such as through observance of the law and ethical conduct- that should be required of politicians and other senior public officials. Then, recommending how observance of these standards is best improved (such as through training) and can they be properly enforced (for example, through a Leadership Code).

Having regard to the work that is being undertaken by other Task Teams on the overall role of government, examining what is the institutional structure that is needed to best perform those roles and to provide appropriate levels of coordination across shared areas of responsibility.

Making recommendations to improve performance, and to strengthen accountability and transparency, of the institutions responsible for indigenous Fijian governance, including;

the Great Council of Chiefs;

Fijian affairs Board;

Native Lands Trust Board;

The Ministry of Indigenous Affairs and Provincial Government;

Provincial Councils;

Business development initiatives such as Yasana holdings, Vanua Development Corporation.

Examining what action might be taken to increase transparency in respect of decisions and conduct of public officials, such as through the enactment of a freedom of information law.

Making any other recommendations as are considered appropriate on leadership and institutional issues.

Priority Topic 3: Reforming the Public Sector

Assessing the efficiency and the effectiveness of the Public Service in terms of its provision of high quality policy advice to the Government and making appropriate recommendations on processes for improving policy coordination.
Examining the scope for improving delivery by the Public Service of accessible, timely and high quality services to the public, especially in rural areas and in outlying islands, and making appropriate recommendations.
Based on the experience to date in public service and financial management reform, assessing, and making recommendations on the need for further reform of the Public Service- composition, grading and remuneration structures, planning, e government, performance management, financial management, human resource management, and other management systems- with a view to further improving capacity and performance so as to obtain a better balance between the benefits and the current cost of the Public Service. Based on this assessment, recommending a harmonized and sequenced framework, with timelines, for reform in the Public Service.
Reviewing the desirable management framework for the Public Service for the future, including the role of the Public Service Commission and other central agencies.
Reviewing the reforms made in relation to GCCs and CSAs, with a view to assessing the impact of the reform program and what next steps are needed. Making any other recommendations it considers appropriate in order to improve the structure, processes, efficiency or effectiveness of the public sector.

Priority Topic 4: The Role of Fiji’s Security Forces in National Development

Reviewing the roles of the Fiji Military Forces in relation to national defense and security, in overseas deployment and in supporting the executive government (such as during national disasters).
Determining what action is needed, including through changes to laws and the institutional framework, and appropriate checks and balances, to end the “coup culture” in Fiji.
Assessing what are the other national security interests that need to be protected for the future (including border and maritime security) and examining the institutional framework that is needed to ensure longer term sustainable security in Fiji
Reviewing the effectiveness of the Police Force and the Prison Service and the future role they will need to play in order to be effective, having regard to recent increases in some serious crimes and to trends in transnational crime.
Examining what mechanisms are needed to provide national direction, and necessary management and coordination, on security issues.
Making any other recommendations considered appropriate in order to clarify or to strengthen the protection of national security.

In undertaking this work, National Task Team 1 is to take into account any studies already completed in any of the above areas and undertake further investigations only where it is considered that this is required to complete the needed work satisfactorily. NTT1 is to consider the priorities to be accorded to tasks, to outline a timetable for the implementation of the activities recommended, and ensure that work is appropriately sequenced.

In consultation with the Head of TASS, NTT1 may request the preparation of literature reviews and commission Issues and Discussion Papers (IDPs) to assist it in its deliberations.

NTT1 may establish a number of Working Groups (WGs) as it considers appropriate and necessary, to accomplish the diagnostic work under the foregoing listed Priority Topics. Each WG will need to report back to NTT1 within specified timelines.

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