Reforming the Architecture of Legal Systems Constitutional Review in Nauru Katy Le Roy Constitutional Review in Nauru Katy Le Roy

Nauru Smallest independent republic in the world Single island of 21km sq Population approx 10,000 Independent since 1968 Constitution establishes parliamentary government, unicameral parliament of 18 members, judicature, bill of rights Smallest independent republic in the world Single island of 21km sq Population approx 10,000 Independent since 1968 Constitution establishes parliamentary government, unicameral parliament of 18 members, judicature, bill of rights

Nauru’s constitutional problems Absence of party system and ease of no confidence procedure = frequent changes of government Lack of mechanisms for resolving deadlocks Inappropriate use of emergency powers Lack of financial accountability Some provisions rendered ineffective Absence of party system and ease of no confidence procedure = frequent changes of government Lack of mechanisms for resolving deadlocks Inappropriate use of emergency powers Lack of financial accountability Some provisions rendered ineffective

Constitutional Review Process 1. Public Awareness 2. Public Consultation 3. Independent Review Commission 4. Constitutional Convention 5. Passage of amendments by Parliament 6. Referendum 1. Public Awareness 2. Public Consultation 3. Independent Review Commission 4. Constitutional Convention 5. Passage of amendments by Parliament 6. Referendum

Step1: Public Awareness Campaign conducted in July-Aug 2006 Team of ten local people trained to conduct the awareness program in English and Nauruan Primary objective: to enhance people’s capacity to engage in the process Involved leaflets on the Constitution, posters, copies of Const, radio & TV announcements, billboards, song etc Detailed background and discussion paper Reach not as wide as hoped Campaign conducted in July-Aug 2006 Team of ten local people trained to conduct the awareness program in English and Nauruan Primary objective: to enhance people’s capacity to engage in the process Involved leaflets on the Constitution, posters, copies of Const, radio & TV announcements, billboards, song etc Detailed background and discussion paper Reach not as wide as hoped

Step 2: Public Consultation 40 public consultation meetings conducted in October-November 2006 Call for written submissions - 40 received Meetings: info provided and views solicited and recorded Some shortcomings in methodology Good level of participation overall 40 public consultation meetings conducted in October-November 2006 Call for written submissions - 40 received Meetings: info provided and views solicited and recorded Some shortcomings in methodology Good level of participation overall

Step 3: Review Commission 3 Commissioners: 2 Nauruan, 1 expat 3 months to deliberate and report Took account of all opinions expressed by the public and comparative material Delivered report with recommendations for amendment including rationale 3 Commissioners: 2 Nauruan, 1 expat 3 months to deliberate and report Took account of all opinions expressed by the public and comparative material Delivered report with recommendations for amendment including rationale

Step 4: Constitutional Convention 36 members (half appointed, half elected) Sat for six weeks in April-May 2007 Somewhat rowdy, poor attendance, poor understanding, poor quality of debate Rejected many of the Commission recommendations, accepted others Decisions of Convention presented to Parliament in the form of two bills for constitutional amendment 36 members (half appointed, half elected) Sat for six weeks in April-May 2007 Somewhat rowdy, poor attendance, poor understanding, poor quality of debate Rejected many of the Commission recommendations, accepted others Decisions of Convention presented to Parliament in the form of two bills for constitutional amendment

Step 5: Parliament 2 bills to amend the Constitution will be (re- )introduced to Parliament in October Art 84: bills must sit in Parliament for at least 90 days between introduction and passage; require the approval of at least two thirds of the total number of members Government currently has 11 members Uncertain whether there will be sufficient support for the proposed amendments 2 bills to amend the Constitution will be (re- )introduced to Parliament in October Art 84: bills must sit in Parliament for at least 90 days between introduction and passage; require the approval of at least two thirds of the total number of members Government currently has 11 members Uncertain whether there will be sufficient support for the proposed amendments

Step 6: Referendum If bills are passed, referendum will be held only in relation to those Articles that require a referendum Referendum to be preceded by public awareness campaign Will be first referendum conducted in Nauru Prospects of success quite low If bills are passed, referendum will be held only in relation to those Articles that require a referendum Referendum to be preceded by public awareness campaign Will be first referendum conducted in Nauru Prospects of success quite low

Challenges Widespread mistrust of public institutions and office-holders Relatively low levels of education Personal politics, misinformation Weak rule of law Limited resources Widespread mistrust of public institutions and office-holders Relatively low levels of education Personal politics, misinformation Weak rule of law Limited resources

Proposed reforms that are unlikely to succeed Direct election of President Speaker from outside parliament Public Service Commission Changes to Article 24 (motions of no confidence) Direct election of President Speaker from outside parliament Public Service Commission Changes to Article 24 (motions of no confidence)

Proposed reforms that are likely to succeed Amendments to Bill of Rights Limitations on emergency powers Limitations on prerogative of mercy Amendments to audit and finance provisions Establishment of Ombudsman Leadership Code Increase in number of members to 19 Amendments to Bill of Rights Limitations on emergency powers Limitations on prerogative of mercy Amendments to audit and finance provisions Establishment of Ombudsman Leadership Code Increase in number of members to 19

Conclusions Constitutional review process has involved a good level of public engagement Likelihood of some improvements to the Constitution Various challenges made process quite difficult to manage A number of proposed reforms likely to fail as a result of way in which Convention was conducted Constitutional review itself a step in the right direction and gains made regardless of outcome Constitutional review process has involved a good level of public engagement Likelihood of some improvements to the Constitution Various challenges made process quite difficult to manage A number of proposed reforms likely to fail as a result of way in which Convention was conducted Constitutional review itself a step in the right direction and gains made regardless of outcome