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FIJI
House of Representatives*
*The Parliament of Fiji was dissolved following a coup d'état in December 2006.

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name Parliament
More photos  >>>
Structure of parliament Bicameral
Chamber name House of Representatives
Related chamber (for bicameral parliaments) Senate
Affiliation to the IPU No
Affiliation date(s) 1997- 2000
2002 - 2007
LEADERSHIP
President
Pita Kewa Nacuva (M)  
Secretary General
Edward Blakelock (M)  
Mary Chapman (Parliament/Parlement) (F)  
COMPOSITION
Members (statutory / current number) 71 / 71
PERCENTAGE OF WOMEN


More statistics  >>>
Women (current number) 8 (11.27%)
Mode of designation Directly elected 71
Notes communal and open seats
- 23 Ethnic Fijians
- 19 Fijians of Indians descent
- 1 from Rotuma
- 3 (general communal members)
- 25 national (open constituencies) seats
Term 5 years
Last renewal dates 6 May 2006
13 May 2006 (View details)
CONTACT INFORMATION
Address House of Representatives
Parliament House
P.O. Box 2352
Government Buildings
SUVA
(Export mailing lists)
Phone (679) 3305811
Fax (679) 3305325
E-mail abulivou@parliament.gov.fj
Website
http://www.parliament.gov.fj/

ELECTORAL SYSTEM

Parliament name Parliament
Structure of parliament Bicameral
Chamber name House of Representatives
Related chamber (for bicameral parliaments) Senate
LEGAL FRAMEWORK
Electoral law 20 April 1998
Mode of designation Directly elected 71
Constituencies - 23 multi- and single-member constituencies (for Fijian members)
- 19 single-member constituencies (for Indian members)
- 1 single-member constituency (for Rotuma)
- 3 single-member constituencies (for general communal members)
- 25 single-member open constituencies
Voting system Majority: Majority system with preferential (alternative) vote.
Vacancies arising between general elections are filled through by-elections, unless the vacancy occurs in the last six months of the House's term.
Voting is compulsory.
Voter requirements - age: 21 years
- Fijian citizenship
- residence in country for two years immediately before application for registration
- disqualifications: insanity, sentence of death or imprisonment for a term exceeding 12 months, conviction for electoral offences
CANDIDATES
Eligibility - qualified electors
- age: 21 years
- Fijian citizenship
- residence in the country at least 24 months prior to election
- ineligibility: undischarged bankrupts
Incompatibilities - public office
- certain government posts in the preceding three years
- government contractors
- election officials
Candidacy requirements - support of at least seven eligible voters of the constituency concerned
- monetary deposit of 500 Fijian dollars

LAST ELECTIONS

Parliament name Parliament
Structure of parliament Bicameral
Chamber name House of Representatives
Related chamber (for bicameral parliaments) Senate
BACKGROUND
Dates of election / renewal (from/to) (from/to)>6 May 2006
13 May 2006
Timing and scope of renewal Elections were held for all the seats in the House of Representatives following premature dissolution of this body on 27 March 2006. Elections to the House of Representatives had previously taken place from 25 August to 2 September 2001.
Following a proclamation issued by acting President Mr. Ratu Joni Madraiwiwi on 2 March 2006, parliament was dissolved on 27 March ahead of elections scheduled for 6 - 13 May. The extended voting period was due to the increase in the number of polling stations (1,096 compared to 796 in the previous elections).

Indigenous Fijians (of Melanesian and Polynesian ancestry) make up about 51 per cent of the country's 905,000 inhabitants, while Fijians of Indian origin make up 44 per cent. In the 71-member House of Representatives, 25 seats are open to all communities, while the remaining 46 seats are reserved for the country's different ethnic groups.

The last elections in 2001 followed the May 2000 coup that ousted Mr. Mahendra Chaudhry, the first ethnic Indian Prime Minister in Fijian history. The predominantly indigenous Fijian United Party (SDL) won 31 seats, followed by the predominantly ethnic Indian Fiji Labour Party (FLP) with 27. The Conservative Alliance/Matanitu Vanua (MV), an indigenous nationalist party, took six. The remainder went to small parties and independent candidates. After the elections, the SDL formed a coalition government with the MV, and caretaker Prime Minister Mr. Laisenia Qarase was confirmed in his functions.

A total of 338 candidates, including 30 women, and 24 political parties registered for the 2006 elections. As before, the main contenders were the SDL and the FLP. The MV had been formally dissolved in February 2006 as a consequence of its implication in the 2000 coup. The FLP was led by the former Prime Minister, Mr. Chaudhry.

The main issue in the 2006 elections was the proposed Racial Tolerance and Unity Bill, which included provisions for an amnesty for persons involved in the 2000 coup. The government argued that the slow pace of investigations and court hearings related to the coup represented an obstacle to its efforts to promote national unity. It insisted the bill would strengthen stability and peace by bringing the coup episode to a close. However, the bill was severely criticized by the ethnic Indian community and intellectuals from various communities. The FLP leader, Mr. Chaudhry, vowed to reject the bill. The FLP called on voters' support for its economic policies, pledging to fight corruption while accusing the SDL of vote-buying.

Approximately 64 per cent of the 480,000 registered voters turned out at the polls.

Observers from the European Union (EU), the Commonwealth and the Pacific Island countries monitored the poll. The EU praised the Electoral Commission for its efforts to ensure transparency throughout the long election period and for providing the necessary information to parties and voters. It however noted a high percentage of invalid votes, as many as 10 per cent of the total. The Commonwealth underlined that the armed forces should not intervene in the political process in Fiji. It also recommended a shorter voting period and an increase in the number of seats open to all communities.

The final results gave a narrow majority to the ruling SDL, which won 36 of the 71 seats in the House of Representatives. Its rival, the FLP, took 31. The United Peoples Party (UPP) and independents took two seats each.

The newly-elected House of Representatives held its first session on 6 June 2006 and elected Mr. Pita Kewa Nacuva as its new Speaker.

The introduction of the Qoliqoli (native fishing grounds) Bill and the Indigenous Claims Tribunal Bill on 23 August 2006 triggered a political crisis in the country. The Commander of the Fijian Military Forces, Mr. Josaia Voreqe (Frank) Bainimarama, criticized the bills for unfairly favoring indigenous Fijians.

On 30 November, Mr. Bainimarama issued an ultimatum to Prime Minister Qarase to abolish the contested bills and the Racial Tolerance and Unity Bill, and to remove ministers who were allegedly involved in events linked to the 2000 coup. Prime Minister Qarase agreed to suspend and review the bills, but refused to dismiss his cabinet members.

On 5 December 2006, Mr. Bainimarama announced that he had assumed executive powers in a military coup, the fourth since 1987. He dismissed Prime Minister Qarase, appointed Dr. Jona Baravilala Senilagakali as caretaker Prime Minister and dissolved parliament.
STATISTICS
Voter turnout
Round no 1 (from/to)6 May 2006
13 May 2006
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
479'693
64%

Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Fijian United Party (SDL) 80
Fiji Labour Party (FLP) 59
United Peoples Party (UPP) 10
Independents 68
Distribution of seats
Round no 1
Political Group Total of seats
Fijian United Party (SDL) 36
Fiji Labour Party (FLP) 31
United Peoples Party (UPP) 2
Independents 2
Distribution of seats according to sex
Men

Women

Percent of women
63

8

11.27%
Distribution of seats according to age
Distribution of seats according to profession
Comments
The United General Party, an FLP ally which had taken one seat in the 2001 elections, changed its name to the United Peoples Party (UPP) in August 2003.

Source: http://www.elections.gov.fj/

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name Parliament
Structure of parliament Bicameral
Chamber name House of Representatives
Related chamber (for bicameral parliaments) Senate
APPOINTMENT AND TERM OF OFFICE
Title Speaker of the House of Representatives
Term - duration: 5 years (term of House)
- reasons for interruption of the term: resignation, death, dissolution
Appointment - elected by all the Members of the House
- election is held at the first meeting of the newly elected House or when a vacancy occurs
- After Members are sworn in
Eligibility - a person who is not a member of the House but who is qualified to be a candidate
- the candidate must be proposed by a Member
Voting system - formal vote by secret ballot
- simple majority
Procedures / results - the Clerk presides over the House during the voting
- any Member who has proposed a person as Speaker may act as a scrutineer and observe the count at the Table
STATUS
Status - in the absence of the Speaker, the Deputy Speaker can assume his/her role and functions
Board
Material facilities
FUNCTIONS
Organization of parliamentary business - convenes sessions, in exceptional cases only
- organizes the debates and sets speaking time
- examines the admissibility of bills
- refers texts to a committee for study
- is entitled to appoint Committees and their presiding officers
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the House
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
Special powers - is responsible for safety, and in this capacity, can call the police in the event of disturbance in the House
Speaking and voting rights, other functions NA (no information received)

PARLIAMENTARY MANDATE

Parliament name Parliament
Structure of parliament Bicameral
Chamber name House of Representatives
Related chamber (for bicameral parliaments) Senate
NATURE
Nature of the mandate · Linked representation - imperative mandate (see also Loss of mandate - Loss of party membership)
Start of the mandate · When the results are declared
Validation of mandates · Validation by the High Court only in case of challenge by election petitions (Art. 73 (1) (a) of the Constitution of 27.07.1998)
· Procedure (Art. 73 (1) (a), (2) to (4), and (7) of the Constitution, Art. 141 to 160 of the Electoral Act 1998)
End of the mandate · On the day when the legal term of the House ends - or on the day of early dissolution (Art. 59 (1) of the Constitution) (for early dissolution, see Art. 59 (2) of the Constitution)
Can MPs resign? Yes · Yes, of their own free will (SO 5 (1) of the Standing Orders of the House of Representatives)
· Procedure (Art. 71 (1) (a) of the Constitution, SO 5 of the Standing Orders of the House of Representatives)
· Authority competent to accept the resignation: the resignation need not be accepted

Can MPs lose their mandate ? Yes (a) Loss of mandate by judicial decision: decision by the High Court (Art. 73 (1) (b) of the Constitution):
- Loss of mandate for incompatibilities and ineligibilities (Art. 71 (1) (b) to (d), (f), and (j), and (6) of the Constitution)
- Loss of mandate for absence (Art. 71 (1) (e) of the Constitution, SO 4 of the Standing Orders of the House of Representatives)
- Loss of party membership (Art. 71 (1) (g) and (h), and (3) to (5) of the Constitution)
- Nomination as a candidate for election to the House of Representatives in a constituency other than the constituency for which he is the Member (Art. 71 (1) (i) of the Constitution)
- General procedure (Art. 73 (1) (b), (5), and (6) of the Constitution)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament (SO 102 of the Standing Orders of the House of Representatives):
1. The Prime Minister
2. The Cabinet Ministers in order of appointment
3. The Leader of the Opposition
4. The acting Ministers in an order to be decided by the Prime Minister
5. The Members of the House of the Government benches in order determined first by the length of service as a Member and, upon equality of such service, in alphabetical order, or otherwise as may be determined by the Speaker
6. The Members of the House on the Opposition benches in order determined first by the length of service as a Member and, upon equality of such service, in alphabetical order, or otherwise as may be determined by the Speaker



Indemnities, facilities and services · Diplomatic passport for Cabinet Ministers and the Speaker of the House of Representatives
· Basic salary (see also Art. 83 of the Constitution): FJD 18,000 per year
+ Office salary: for certain offices
+ Expense Allowance: in accordance with function
+ Constituency Allowance: FJD 7,000 per year
· The basic and office salaries are taxable. The Expense Allowance and the Constituency Allowance are tax exempt.
· Pension scheme
· Other facilities:
(a) Secretariat/assistants (see also Art. 84 of the Constitution and SO 18 of the Standing Orders of the Senate): for MPs belonging to a political party which has four or more members in the House of Representatives
(b) Official housing
(c) Official car
(d) Postal and telephone services
(e) Travel and transport
(f) Others

Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 74 (2) of the Constitution, SO 98 (1) of the Standing Orders of the House of Representatives).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 39 (9) and (20) of the Standing Orders of the House of Representatives, see Discipline)
· Non-accountability takes effect on the day when the mandate begins. It does not offer, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 74 (2) of the Constitution, SO 98 (2) of the Standing Orders of the House of Representatives).
· It applies to criminal and civil proceedings, covers all offences but protects MPs only from arrest and from being held in preventive custody.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sittings, and, for a civil debt, also whilst going to or returning from a sitting of the House.
· Parliamentary immunity (inviolability) can be lifted (SO 98 (2) of the Standing Orders of the House of Representatives):
- Competent authority: the Speaker
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.

EXERCISE OF THE MANDATE
Training · There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbook of parliamentary procedure:
- Standing Orders of the House of Representatives


Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings, committee meetings or other meetings.
· Penalties foreseen in case of failure to attend:
- Loss of mandate (Art. 71 (1) (e) of the Constitution, SO 4 of the Standing Orders of the House of Representatives)
- Reduction of subsistence allowance (see also Others facilities - Travel and transport)

Discipline · The rules governing discipline within Parliament are contained in SO 39 (9), (20), 42 (1), and (3) to (9), and 98 (4) of the Standing Orders of the House of Representatives.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 42 (3) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 42 (4) and (5) of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 42 (6) and (7), and 98 (4) of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 42 (8) of the Standing Orders of the House of Representatives)
- Other measures (SO 42 (9) of the Standing Orders of the House of Representatives)
· Specific cases:
- Offence or insult (SO 39 (9) and (20) of the Standing Orders of the House of Representatives)
· Competent body to judge such cases/to impose penalties (SO 42 (1) of the Standing Orders of the House of Representatives):
- Warning for irrelevance, order to withdraw, naming, adjournment of the House, suspension of the sitting: the Speaker
- Suspension, other measures: the House of Representatives
- Offence or insult
· Procedure:
- Warning for irrelevance (SO 42 (3) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 42 (4) and (5) of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 42 (6) and (7), and 98 (4) of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 42 (8) of the Standing Orders of the House of Representatives)
- Other measures (SO 42 (9) of the Standing Orders of the House of Representatives)
- Offence or insult (SO 39 (9) and (20) of the Standing Orders of the House of Representatives)
Code (rules) of conduct · This concept does exist in the country's juridical system (Art. 156 of the Constitution). See also SO 39 (13) of the Standing Orders of the House of Representatives. For incompatibilities, see Loss of mandate for incompatibilities.
Relations between MPs and pressure group · There are no legal provisions in this field.


This page was last updated on 10 October 2008
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