FIJI

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GENERAL INFORMATION

Parliament (generic name):

Parliament

Translated name:

Structure:

Bicameral

Chamber:

Senate

Translated name:

President:

Ratu Kinijioji Maivalili ( M)

Secretary General:

Mary Chapman (Parliament/Parlement) ( F)

Viniana McGoon ( F)

Members (statutory number):

appointed by the Head of State:
- 14 are appointed on the advice of the Great Council of Chiefs;
- 9 are appointed on the advice of the Prime Minister;
- 8 are appointed on the advice of the Leader of Opposition;
- 1 is appointed on the advice of the Council of Rotuma.

Members (current number):

Women (current number):

5 ( 15.63%)

Term:

5 years

Last renewal dates:

6 June 2006

Address:

The Senate
Parliament Chambers
Government Buildings
P.O. Box 2352 - SUVA
Tel.: (679) 3305811
Fax: (679) 3305325
E-mail: abulivou@parliament.gov.fj
Cable: Comparlas, Suva

Web site:

http://www.parliament.gov.fj/

Affiliation to IPU:

Affiliation date(s):

1997- 2000
2002 - 2007

ELECTORAL SYSTEM

Electoral Law:

1 January 1900

Constituencies:

(not applicable)

Voting System:

(not applicable)

Voter requirements:

(not applicable)

Eligibility:

- age: 21 years
- Fijian citizenship
- normally resident (i.e. for the preceding 24 months) in Fiji
- ineligibility: undischarged bankrupts

Incompatibilities:

(not applicable)

Candidacy requirements:

(not applicable)

LAST ELECTIONS

Also available: Archive of past election results for this chamber

Dates of election / renewal (from/to):

6 June 2006

Purpose of elections:

N/A (all members are appointed by the Head of State).

Background and outcome of elections:

N/A (all members are appointed by the Head of State).

STATISTICS

Comments:

In all five women were appointed by the Head of State:
- 2 were appointed on the advice of the Great Council of Chiefs;
- 1 was appointed on the advice of the Prime Minister;
- 2 were appointed on the advice of the Leader of Opposition.
(Senate: 21.06.2006; 14.07.2006)

Distribution of seats according to sex:

Men:

Women:

Percent of women:

15.63

Distribution of seats according to age:

Distribution of seats according to profession:

PRESIDENCY OF THE PARLIAMENT

APPOINTMENT AND TERM OF OFFICE

Title:

President of the Senate

Term:

- duration: 4 years (term of House)
- reasons for interruption of the term: resignation, death, dissolution

Appointment:

- elected by all the Senators
- election is held at the first sitting of the newly elected Senate or when a vacancy occurs
- after the Senators are sworn in

Eligibility:

- any Senators can be a candidate (except Ministers)
- the candidate must be proposed by a Senator

Voting system:

- formal vote by secret ballot
- simple majority

Procedures / results:

- The Clerk presides over the Senate during the voting
- any Senator who has proposed a person as President may act as a scrutineer and observe the count at the Table

STATUS

Status:

- in the absence of the President, the Vice President can assume his/her role and functions

Board:

Material facilities:

NA (no information received)

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 Senate
- 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 Senate

Speaking and voting rights, other functions:

NA (no information received)

MEMBER OF PARLIAMENT

PARLIAMENTARY MANDATE

Nature of the mandate:

· Linked representation - imperative mandate

Start of the mandate:

· When the senators are appointed

Validation of mandates:

· No validation

End of the mandate:

· On the day of expiry of the House of Representatives or its earlier dissolution (Art. 65 of the Constitution of 27.07.1998)

Can MPs resign ?

Yes

· Yes, of their own free will (SO 5 (1) of the Standing Orders of the Senate)
· Procedure (Art. 71 (2) (a) of the Constitution, SO 5 of the Standing Orders of the Senate)
· 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 (2) (b), (c), (e), and (6) in connection with Art. 71 (1) (c), (d), and (f) of the Constitution)
- Loss of mandate for absence (Art. 71 (2) (d) of the Constitution, SO 4 of the Standing Orders of the Senate)
- General procedure (Art. 73 (1) (b), (5), and (6) of the Constitution)

STATUS OF PARLIAMENT MEMBERS

Rank in hierarchy:

· Within Parliament:
1. The President
2. The Vice-President
3. The Leader of Government Business
4. The Leader of the House
5. The other senators

Indemnities, facilities and services:

· Diplomatic or official passport
· Basic salary (see also Art. 83 of the Constitution): according to function
+ Expense Allowance: FJD 6,000 per year for the President, FJD 2,500 per year for the Vice-President
+ Constituency Allowance: FJD 2,500 per year
· The basic salary is 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)
(b) Official car for the President
(c) Postal and telephone services
(d) Travel and transport
(e) Others

Obligation to declare personal assets:

Yes

Parliamentary immunity - parliamentary non-accountability:

· The concept does exist (Art. 74 (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 44 (10), (11) and (21) of the Standing Orders of the Senate, 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).
· It applies to criminal and civil proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, and from the opening of judicial proceedings against them. It does not protect them from their homes being searched.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate
· Parliamentary immunity (inviolability) cannot be lifted.
· 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 Senate

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 (Art. 71 (2) (d) of the Constitution, SO 4 of the Standing Orders of the Senate): loss of mandate

Discipline:

· The rules governing discipline within Parliament are contained in SO 44 (10), (11), and (21), and 47 of the Standing Orders of the Senate.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 47 (2) of the Standing Orders of the Senate)
- Order to withdraw (SO 47 (3) of the Standing Orders of the Senate)
- Naming and suspension (SO 47 (4) to (7) of the Standing Orders of the Senate)
- Adjournment of the House, suspension of the sitting (SO 47 (8) of the Standing Orders of the Senate)
- Other measures (SO 47 (9) of the Standing Orders of the Senate)
· Specific cases:
- Offence or insult (SO 44 (10), (11) and (21) of the Standing Orders of the Senate)
· Competent body to judge such cases/to impose penalties (SO 47 (1) of the Standing Orders of the Senate):
- Warning for irrelevance, order to withdraw, naming, adjournment of the House, suspension of the sitting: the President; the Senate (appeal)
- Suspension, other measures: the Senate
· Procedure:
- Warning for irrelevance (SO 47 (2) of the Standing Orders of the Senate)
- Order to withdraw (SO 47 (3) of the Standing Orders of the Senate)
- Naming and suspension (SO 47 (4) and (7) of the Standing Orders of the Senate)
- Adjournment of the House, suspension of the sitting (SO 47 (8) of the Standing Orders of the Senate)
- Other measures (SO 47 (9) of the Standing Orders of the Senate)
- Offence or insult (SO 44 (10), (11) and (21) of the Standing Orders of the Senate)

Code (rules) of conduct:

· This concept does exist in the country's juridical system (Art. 156 of the Constitution). See also SO 44 (15) and 69 of the Standing Orders of the Senate. For incompatibilities, see Loss of mandate for incompatibilities.

Relations between MPs and pressure group:

· There are no legal provisions in this field.

Also available: Archive of past election results for this chamber

General Information | Electoral System
Last Elections | Presidency of the Parliament | Parliamentary Mandate
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