The Re-establishment of the Fiji Law Reform Commission

Since Cabinet’s approval for the re-establishment of the Fiji Law Reform Commission. Below is a Q&A with the newly appointed director of the commission, Raijeli Tuivaga.

The commission has not been fully functional since 2006 and currently operates as part of the Legal Drafting Department in the Attorney-General’s Office.

In a brief summary, can you please highlight the Fiji Law Reform Commission’s role(s)?

The Fiji Law Reform Commission is the body empowered by the Legislature, through the Fiji Law Reform Commission Act 1979, to keep under review Fiji’s laws in order to make them modern, simpler, fairer, cost effective and accessible.

In short, its primary role, derived from the Act is to simplify, improve and modernise the law.

What steps have been taken to address the issues that have hindered the commission’s role(s) and functions?

Following the Cabinet decision, the commission was allocated $F450,000 to re-establish itself. Since August of last year, significant progress has been made to address the issues hindering the Commission’s role and functionality;

(i) The commission secured and occupied its original office space at Level 5 of Civic Towers behind the Suva City Library, which served as its original base from 1992-2006;

(ii) Minor works and fit-outs were undertaken to ensure the physical office premises could accommodate both professional and administrative staff, making the premises fit for purpose;

(iii) Raijeli Tuivaga was appointed as the director on July 3, 2023, and subsequently recruited Leigton Fatiaki as the senior legal officer;

(iv) Four other legal officers were recruited, Leah Duru, Joyce Hicks, and Magdalena Ramoala, with a fourth legal officer set to join by the end of the month. Administrative cadre appointments made so far include executive officer Anisi Vulaca, clerical officer Malini Rekha, and steno typist Jeke Rokokimoala.

Recruitment efforts are underway for a second steno typist, a senior secretary, a fourth legal officer, and a chairperson for the FLRC establishment;

(v) The FLRC presented its budget forecast to the Ministry of Finance head of budget and team, outlining funding for its new work program, budgetary resources for the next 12 months including a request for new positions, 2 of which were de-funded in 2006. This is aimed at strengthening its core role and functions;

(vi) The commission is finalising its work program for 2024/2025 to take for Cabinet approval through its minister;

(vii) Outreach tools have been re-established, including the revival of its monthly Newsletter “Qolilawa/Darpan”. Additionally, the FLRC website http: www.flrc.gov.fj has been completed and currently undergoing vetting. Once “live” this will house various materials such as issue papers, discussion papers in English, Fijian, and Hindustani, previous Bills, newsletters, annual reports, press releases, and news.

The Fiji Law reform Commission website has just gone on live on Friday and is accessible to the public. It’s at http://www.flrc.giv.fj

(viii) A new addition to the commission’s internet presence will include its out reach tools will include the use of approved social media pages, such as LinkedIn, Twitter & Instagram & Facebook for rapid dissemination of Commission materials;

(ix) In House Manuals & Standard Operating Procedures: The commission has completed its first in-house manual, the “A Legal Officer’s Manual for Running References 2024,” and is working on documenting other in-house procedures such as its “Public Consultations”, Office Procedures, Library and e Digital resources before going onto its Standard Operating Procedures;

(x) The commission is currently collaborating with partners in reviewing these essential documents such as its corporate plan, strategic plan, costed operational plan, individual work plans, as well as reviewing its own Act.

The Fiji Law Reform Commission Act 1979 ensuring alignment with the goals and priorities of the National Strategic Development Plan, and the overall UN Sustainable Development Goals, particularly SDG No. 5 Gender equality, SDG 10 Reduced inequality, and SDG 16 Peace, Justice, and Strong institutions.

Are there any particular areas of law that the commission will prioritise for review and reform?

The commission is currently considering several areas of law for review and reform. Through engaging in internal discussions, the commission has been in dialogue with diverse professional groups, including government stakeholders, who have shared their perspectives on the legislation they operate under.

They’ve highlighted challenging areas and proposed solutions, whether through policy adjustments, guideline enhancements, operational procedure modifications, or legislative amendments.

Additionally, the commission’s legal officers are conducting its own internal assessments to identify potential focus areas for their work program.

Collaborating closely with the Solicitor General, the commission is finalising its work program, seeking input all round , before presenting it to the Development Sub Committee, first before Cabinet for consideration in adherence to Section 6 of its Act, through our Minister.

Would you be able to provide a brief summary on why the Commission has not been fully functional since 2006?

The Fiji Law Reform Commission has faced challenges in maintaining full functionality since 2006, reflecting its complex history. Established in 1979 by the then Attorney-General, Sir Manikam Pillai, its initial years were modest, with only a secretary and approximately three staff members.

A revitalisation occurred in 1992 under the leadership of the Solicitor General at the time, Isikeli Mataitoga (now Justice Isikeli Mataitoga), supported by then- and now current Prime Minister Sitiveni Rabuka.

Florence Tuirewa Fenton, a senior Attorney-General’s lawyer then, was appointed as the commission’s head, followed by subsequent directors such as Walter Rigamoto, Kiniviliame Keteca, and later executive chairperson Justice Alipate Qetaki.

During this period up until 2006, the commission produced significant work addressing various legal issues in Fiji, including legal aid, police powers, sexual offences against children, juvenile justice, family law reform, domestic violence, bribery and corruption laws, copyright, bail procedures, evidence law, pre-trial procedures, committal proceedings, insurance law, and liquor regulations.

These efforts coincided with the enactment of the 1997 Constitution, fostering a high public demand for legal reforms and extensive, participatory consultations. You may view an e version of these from the Commission’s website http://www.flrc.gov.fj.

However, in 2006, following the takeover, the commission was decommissioned, and its officers and staff were reassigned to the Attorne-General’s chambers.

Despite this setback, the drafting function continued through the Drafting Section located on Level 4 of Suvavou House. The lapse of the Fiji Law Reform Commission coincided with a period of significant political upheaval, contributing to its diminished functionality during that time.

How can people propose areas for review to the commission?

The commission is in the process of finalising priority areas for review and reform. We are collaborating closely with the Solicitor General to refine these areas before determining the commission’s final work program. Subsequently, the Attorney-General will present this program to Cabinet for approval.

If your body, agency, department, or organisation wishes to propose areas for review, we encourage direct communication with any of the legal officers at the Fiji Law Reform Commission. They can be reached at 3303900 / 3303646 or 8010247 to schedule a consultation.

We welcome your input and participation in shaping our agenda for legal reform so please contact the commission get in touch.

What mechanism will be put in place to ensure transparency and public participation in the law reform process?

The Fiji Law Reform Commission is committed to transparent and inclusive processes. Central to our approach is the engagement of community stakeholders, ensuring that the voices of ordinary citizens, the ultimate users of the law, are heard.

Our public consultations are designed to facilitate productive discussions with specialists, professionals, and public interest groups at all levels of society.

These consultations provide invaluable guidance, enabling the commission to propose realistic, evidence-based reforms that reflect the diverse perspectives of our community.

Our outreach efforts include the revival of our newsletter, “Qolilawa/Darpan,” which symbolises our commitment to reflecting and “mirroring the law” to the community.

We also employ various discussion tools, such as “issue papers” and discussion papers, to gather input and feedback from the public. These tools are designed to demystify legal concepts ensure that everyone can understand and contribute to the reform process, with little difficulty. Additionally, we actively encourage community input through face-to-face hearings, virtual submissions, written mediums, and our recent addition being online platforms.

The commission is also looking at ways to include those with disabilities. Our goal is to ensure that our processes are inclusive and accessible to all members of society, including those with disabilities and special needs.

How will the commission ensure that it is effectively reviewing Fiji’s laws to make them modern, simple, fairer and more cost effective?

At every stage of our review process, the commission prioritises consultations and feedback. Internally, papers are peer-reviewed by appointed part-time commissioners (usually specialists) who provide expert critique and guidance.

Externally, public views gathered through consultations serve as a vital quality control mechanism, ensuring that our work remains responsive to community needs and concerns.

Our goal is to ensure that our law reform proposals are practical, realistic, evidence based, community tested and reflective of the evolving needs of society before we return the final report to the Attorney-General.

What resources and support will be provided to the Commission to enable it to carry out its mandate effectively?

The commission has submitted its budget forecast to the Ministry of Finance, outlining the resources required to effectively carry out our mandate for the fiscal year 2024-2025. We remain open to addressing any queries from the ministry to verify aspects of our submission and ensure that we have the necessary resources to fulfil our responsibilities.

What timeline is the commission working with for conducting review and implementing reforms to Fiji laws?

The timeline for conducting reviews and implementing reforms is determined by the terms of reference issued by the Attorney-General to the Commission.

These terms outline the specific time-frame within which the commission must complete its reform program and submit its recommendations to the minister.

What mechanisms will be in place to monitor and evaluate the impact of law reforms once they are implemented?

Once law reform proposals become Acts passed by Parliament, implementing agencies assume responsibility for monitoring and evaluating their impact. While the commission’s role in proposing reforms concludes with the passage of the legislation, we remain committed to providing support and expertise as needed during the implementation phase.

How does the commission plan to balance the need for modernisation with preserving cultural and traditional values within Fiji’s legal system?

We prioritise balancing the need for modernisation with preserving cultural and traditional values within Fiji’s legal system.

Our participatory consultation processes ensure that all members of society, including those from diverse cultural backgrounds, have the opportunity to contribute their perspectives.

The commission intends to strengthen its collaboratation with core ministries, such as the Ministry of iTaukei Affairs, its provincial councils and its “Tikina councils” to ensure that their vital feedback is also elicited, and given due consideration.

Equally important are our youth councils’ network through the Ministry of Youth and Sport, the Women Interest Officers through the Ministry of Women & Poverty Alleviation, the Ministry of Multi Ethnic affairs networks, the OPM, Local Government, community groups, interfaith groups from each of our communities who enrich us with their day to day views and experiences, as users of the law.

The commission is of the firm view, that good law is one that is people centred. When the process is participatory and has people at the centre, there is more likely to be ownership since they were involved in the process from the get go.

There is also likely to be a higher probability of compliance. We are committed to ensuring that our discussion tools will continue to be designed to be available in the three languages , accessible and inclusive, allowing everyone to participate in a user-friendly format.

We recognise the importance of each and every voice in shaping our legal system, and where need to use technology to facilitate meaningful engagement with our community stakeholders, we will.