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2008 Assessment

Fiji: Integrity Indicators Scorecard

Fiji : Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
32	Can members of the legislature be held accountable for their actions?	92
33	Are there regulations governing conflicts of interest by members of the national legislature?	0
34	Can citizens access the asset disclosure records of members of the national legislature?	0
35	Can citizens access legislative processes and documents?	83

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

32a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: The judiciary can review the law. Their primary role is to interpret the law, and sees to its consistency with the constitution.

References: Interview with a confidential source. Suva, 16 September 2008.

32b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments:

References: Interview with a confidential source. Suva, 16 September 2008.

32c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: Regardless whether it's the prime minister or ministers, there is no immunity to members of legislature if they are subject to criminal proceedings.

References: Interview with a confidential source. Suva, 16 September 2008.

Are there regulations governing conflicts of interest by members of the national legislature?

33a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: Parliament was disbanded by the Fijian military in December 2006, and there are no members of parliament at the current time. While there are no laws in place that require MPs to disclose assets, former Prime Minister Qarase required members of his government to lodge a statement of assets with him, but these statements were not made public.

References: Interview with a confidential source. Suva, 16 September 2008.

Peer Review Comments: The requirement for national legislators to file an asset disclosure form is not in place, but legislators are expected to declare their interests should they be participating in discussions or decision-making process on policy/contracts/agreements by government. This, however, is not always followed strictly by members.

33b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: There is no law to restrict national legislators entering private sector after leaving the government.

References: Interview with a confidential source. Suva, 16 September 2008.

33c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments:

References: There is no law regulating gifts and hospitality offered to members of the national legislature. A 2001 report prepared for Transparency International (National Integrity Systems - Fiji Report - online at [ LINK ]) explains that an integrity bill was drafted in 1999, but never passed. Following the military's dismissal of the elected government in December 2006, anti-corruption rules have been promulgated that address public servants but make no mention of members of parliament.

33d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: There is no law providing for independent auditing of asset disclosure forms of members of parliament. At the current time there is no elected parliament.

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

33e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments:

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

Peer Review Comments: There is no law to regulate this matter at present, so the question about its effectiveness in practice would be redundant as far as Fiji is concerned.

33f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments:

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

Peer Review Comments: In the absence of any such legislation, it is not possible to assess its effectiveness.

Peer Review Comments: There is no law to regulate gifts and hospitality offered to national legislators, so the question about it effectiveness in practice would be redundant.

33g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: As noted above, there is no asset disclosure requirement.

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

Can citizens access the asset disclosure records of members of the national legislature?

34a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: There are no asset disclosure requirements.

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

34b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

34c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

Can citizens access legislative processes and documents?

35a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: Once tabled in the house, bills and other proceedings are available for public consumption.

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

35b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: Although the Fijian parliament is currently suspended (following the military intervention of December 2006), the parliament's website continues at [ LINK ], where hansard and other parliamentary proceedings are available.

Additionally, numerous laws of Fiji are available online through the government's Department of Information Technology and Computing Services, as well as on the website of the Pacific Islands Legal Information Institute - PACLII.

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

35c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: There are no costs or charges levied on citizens who want to access to these documents.

References: Anonymous interview with a former member of parliament, Suva, 16 September 2008.

Peer Review Comments: There is no cost levied on citizens for such information, but because internet access is limited, costs are often incurred from travel and other ways of trying to access such information.