Constitution of Fiji
Encyclopedia
The 1997 Constitution of Fiji was the supreme law of Fiji
from its adoption in 1997 until 2009 when President Josefa Iloilo
purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama
.
. The first, adopted in 1970 upon independence, was abrogated following two military coups
in 1987. A second constitution was adopted in 1990. Its discriminatory provisions, which reserved the office of Prime Minister and a built-in majority in the House of Representatives
for indigenous Fijians
(although they were at that time a minority of the population
) proved very unpopular with the Indo-Fijian community, which comprised almost half the country's population, and in the mid 1990s the government agreed that it should be rewritten.
appointed a three-member Constitutional Review Commission. The commissioners were Tomasi Vakatora
, an ethnic Fijian, and Brij Lal
, an Indo-Fijian, with Sir Paul Reeves
, a former Governor-General
of New Zealand
, as chairman. Fourteen months of consultations followed. The Commission finally presented its report, containing 697 recommendations, to the President on 6 September 1996. The report was subsequently tabled in Parliament, at a joint sitting of the Senate
and the House of Representatives
, on September 11. A parliamentary committee, composed of members of both chambers, was established to study the report.
Eight months later, the committee tabled its response in Parliament on 14 May 1997, endorsing most of the recommendations. The Great Council of Chiefs
, a powerful gathering of mainly high chiefs
which, among other prerogatives, elects the President of Fiji, also endorsed the report in June. The Constitution (Amendment) Bill 1997 was passed by the House of Representatives on 3 July that year, and by the Senate on 10 July. President Mara signed it into law on 25 July 1997. It took effect from 27 July. Under its provisions, ethnic Fijians agreed to give up their guaranteed majority in the House of Representatives and their monopoly on the Prime Minister's office, but in return, their ownership of most of the land was written into the constitution. Their rights were also protected by institutionalizing of the Great Council of Chiefs, which retained its power to elect the President and 14 of the 32 Senators.
The 1997 constitution was only the second national constitution to explicitly protect against discrimination based on sexual orientation
(section 38). The first one was South Africa
's in 1996.
Frank Bainimarama
, who organized a counter-coup to neutralize a civilian coup d'état
led by George Speight
, and subsequently formed an Interim Military Government. A Supreme Court
decision in November, however, reinstated the constitution, and new parliamentary elections
under it were held in September 2001.
On 5 December 2006, the Military
again overthrew the government
. Commodore Bainimarama, who once again became acting Head of State, stated that the Constitution would remain in effect, but said on 17 December that "as a last resort," it could be abrogated if no other way could be found to ensure immunity from prosecution for soldiers involved in the takeover.
In the April 2009 crisis
, President
Josefa Iloilo
suspended the Constitution and dismissed all judges after the Court of Appeal
ruled the military government from 2006
illegal.
, the Fijian Affairs Board, or the Great Council of Chiefs. Prime Minister Laisenia Qarase
told the House of Representatives
that the amendments, to which the Opposition Fiji Labour Party
had agreed at the Tanaloa Talks in 2003, were necessary to allow chiefs
to hold multiple positions if their subjects so wished.
In 2005, several prominent figures were affected by the constitutional ban on politicians holding other public offices. These included Ro Teimumu Kepa
, the Paramount Chief
of the Burebasaga Confederacy
, who was required to relinquish her chairmanship of the Rewa Provincial Council, which was deemed to be incompatible with her position as a member of the House of Representatives and as a Cabinet Minister
.
Even though the Labour Party agreed to the amendments in 2003, it has indicated that it will oppose them now. The FLP is bitterly opposed to other government legislation, such as the Reconciliation, Tolerance, and Unity Bill
which may be passed with a simple majority, and it is thought that its stated intention to oppose these amendments, which require a two-thirds majority in both houses, may be a ploy to force the government to negotiate on the Unity Bill.
, and from "extensive" consultations with political parties, non-governmental organisations and ordinary citizens.
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
from its adoption in 1997 until 2009 when President Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
.
Background
The Constitution of the Republic of the Fiji Islands dates from 1997. It is Fiji's third ConstitutionConstitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
. The first, adopted in 1970 upon independence, was abrogated following two military coups
Fiji coups of 1987
The Fiji coups of 1987 resulted in the overthrow of the elected government of Fijian Prime Minister Timoci Bavadra, the deposition of Elizabeth II as Queen of Fiji, and in the declaration of a republic...
in 1987. A second constitution was adopted in 1990. Its discriminatory provisions, which reserved the office of Prime Minister and a built-in majority in the House of Representatives
House of Representatives (Fiji)
The House of Representatives is the lower chamber of Fiji's Parliament. It is the more powerful of the two chambers; it alone has the power to initiate legislation...
for indigenous Fijians
Fijian people
Fijian people are the major indigenous people of the Fiji Islands, and live in an area informally called Melanesia. The Fijian people are believed to have arrived in Fiji from western Melanesia approximately 3,500 years ago, though the exact origins of the Fijian people are unknown...
(although they were at that time a minority of the population
Demographics of Fiji
This article is about the demographic features of the population of Fiji, including population density, ethnicity, education level, health of the populace, economic status, religious affiliations and other aspects of the population....
) proved very unpopular with the Indo-Fijian community, which comprised almost half the country's population, and in the mid 1990s the government agreed that it should be rewritten.
The constitutional process
In 1995, President Ratu Sir Kamisese MaraKamisese Mara
Ratu Sir Kamisese Mara, CF, GCMG, KBE is considered the founding father of the modern nation of Fiji. He was Chief Minister from 1967 to 1970, when Fiji gained its independence from the United Kingdom, and, apart from one brief interruption in 1987, the first Prime Minister from 1970 to 1992...
appointed a three-member Constitutional Review Commission. The commissioners were Tomasi Vakatora
Tomasi Vakatora
Tomasi Vakatora was a Fijian statesman who held Cabinet office and served as Speaker of the House of Representatives....
, an ethnic Fijian, and Brij Lal
Brij Lal
Brij V. Lal is a Indo-Fijian historian . He was born in Labasa, on the northern island of Vanua Levu. He was educated at the University of South Pacific, the University of British Columbia and the Australian National University.- Academic career :...
, an Indo-Fijian, with Sir Paul Reeves
Paul Reeves
Sir Paul Alfred Reeves, ONZ, GCMG, GCVO, CF, QSO was Archbishop and Primate of New Zealand from 1980 to 1985 and the 15th Governor-General of New Zealand from 22 November 1985 to 20 November 1990...
, a former Governor-General
Governor-General of New Zealand
The Governor-General of New Zealand is the representative of the monarch of New Zealand . The Governor-General acts as the Queen's vice-regal representative in New Zealand and is often viewed as the de facto head of state....
of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, as chairman. Fourteen months of consultations followed. The Commission finally presented its report, containing 697 recommendations, to the President on 6 September 1996. The report was subsequently tabled in Parliament, at a joint sitting of the Senate
Senate (Fiji)
The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers; it may not initiate legislation, but may amend or veto it. The Senate's powers over financial bills are more restricted: it may veto them in their entirety, but may not amend them...
and the House of Representatives
House of Representatives (Fiji)
The House of Representatives is the lower chamber of Fiji's Parliament. It is the more powerful of the two chambers; it alone has the power to initiate legislation...
, on September 11. A parliamentary committee, composed of members of both chambers, was established to study the report.
Eight months later, the committee tabled its response in Parliament on 14 May 1997, endorsing most of the recommendations. The Great Council of Chiefs
Great Council of Chiefs (Fiji)
The Great Council of Chiefs is a now dormant 1997 constitutional body in the Republic of the Fiji Islands. In April 2007 the council was suspended, due to an unworkable relationship with Frank Bainimarama, leader of an "interim government" which came to power through a military coup in December 2006...
, a powerful gathering of mainly high chiefs
Ratu
Ratu is a title used by Fijians of chiefly rank. An equivalent title, Adi is used by females of chiefly rank.-Etymology:Ra is a prefix in many titles and Tu is simply "chief"...
which, among other prerogatives, elects the President of Fiji, also endorsed the report in June. The Constitution (Amendment) Bill 1997 was passed by the House of Representatives on 3 July that year, and by the Senate on 10 July. President Mara signed it into law on 25 July 1997. It took effect from 27 July. Under its provisions, ethnic Fijians agreed to give up their guaranteed majority in the House of Representatives and their monopoly on the Prime Minister's office, but in return, their ownership of most of the land was written into the constitution. Their rights were also protected by institutionalizing of the Great Council of Chiefs, which retained its power to elect the President and 14 of the 32 Senators.
The 1997 constitution was only the second national constitution to explicitly protect against discrimination based on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
(section 38). The first one was South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
's in 1996.
The 2000 and 2006 coups, 2009 abrogation
The present constitution was abrogated by CommodoreCommodore (rank)
Commodore is a military rank used in many navies that is superior to a navy captain, but below a rear admiral. Non-English-speaking nations often use the rank of flotilla admiral or counter admiral as an equivalent .It is often regarded as a one-star rank with a NATO code of OF-6, but is not always...
Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
, who organized a counter-coup to neutralize a civilian coup d'état
Fiji coup of 2000
The Fiji coup of 2000 was a complicated affair involving a civilian putsch by hardline Fijian nationalists against the elected government of a non-native Prime Minister, Mahendra Chaudhry, on 19 May 2000, the attempt by President Ratu Sir Kamisese Mara to assert executive authority on 27 May, and...
led by George Speight
George Speight
George Speight , occasionally known as Ilikimi Naitini, was the principal instigator of the Fiji coup of 2000, in which he kidnapped thirty-six government officials and held them from May 19, 2000 to July 13, 2000...
, and subsequently formed an Interim Military Government. A Supreme Court
Supreme Court (Fiji)
The Supreme Court of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the...
decision in November, however, reinstated the constitution, and new parliamentary elections
Fiji election of 2001
The Constitution of Fiji was restored by a High Court decision on 15 November 2000, following the failure of the political upheaval in which the government had been deposed and the constitution suspended in May that year. On 1 March 2001, the Appeal Court upheld the decision. An election to...
under it were held in September 2001.
On 5 December 2006, the Military
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
again overthrew the government
2006 Fijian coup d'état
The Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005-2006 Fijian political crisis....
. Commodore Bainimarama, who once again became acting Head of State, stated that the Constitution would remain in effect, but said on 17 December that "as a last resort," it could be abrogated if no other way could be found to ensure immunity from prosecution for soldiers involved in the takeover.
In the April 2009 crisis
2009 Fijian constitutional crisis
The Fijian constitutional crisis of 2009 began on Friday, 10 April 2009. Fijian President Ratu Josefa Iloilo announced on a nationwide radio broadcast that he had suspended the Constitution of Fiji, dismissed all judges and constitutional appointees and assumed all governance in the country after...
, President
President of Fiji
The President of the Republic of Fiji is the head of state of Fiji. The President was appointed by the Great Council of Chiefs for a five-year term under the terms of the now-suspended 1997 constitution. The Great Council of Chiefs is constitutionally required to consult the Prime Minister, but...
Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
suspended the Constitution and dismissed all judges after the Court of Appeal
Court of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...
ruled the military government from 2006
2006 Fijian coup d'état
The Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005-2006 Fijian political crisis....
illegal.
The document
The Fijian Constitution comprises seventeen chapters. The links in the index on the right are to articles summarizing their contents, along with the interpretation and the historical background, including reasons for their provision. Ongoing controversies are also noted.Amendments
At the end of September 2005, the government introduced legislation to amend the Constitution so as to allow parliamentarians and other senior government officials to serve as members of Provincial CouncilsLocal government of Fiji
Fiji is divided administratively into four divisions, which are further subdivided into fourteen provinces; the self-governing island of Rotuma and its dependencies lie outside any of the four divisions. Each division is headed by a Commissioner, appointed by the Fijian government...
, the Fijian Affairs Board, or the Great Council of Chiefs. Prime Minister Laisenia Qarase
Laisenia Qarase
Laisenia Qarase is a Fijian political figure. He served as the sixth Prime Minister of Fiji from 2000 to 2006. After the military quashed the coup that led to the removal of Mahendra Chaudhry, Qarase joined the Interim Military Government as a financial adviser on 9 June 2000, until his appointment...
told the House of Representatives
House of Representatives (Fiji)
The House of Representatives is the lower chamber of Fiji's Parliament. It is the more powerful of the two chambers; it alone has the power to initiate legislation...
that the amendments, to which the Opposition Fiji Labour Party
Fiji Labour Party
The Fiji Labour Party is a political party in Fiji, which holds observer status with the Socialist International. Most of its support at present comes from the Indo-Fijian community, although it is officially multiracial and its first leader was an indigenous Fijian, Dr. Timoci Bavadra. It is...
had agreed at the Tanaloa Talks in 2003, were necessary to allow chiefs
Ratu
Ratu is a title used by Fijians of chiefly rank. An equivalent title, Adi is used by females of chiefly rank.-Etymology:Ra is a prefix in many titles and Tu is simply "chief"...
to hold multiple positions if their subjects so wished.
In 2005, several prominent figures were affected by the constitutional ban on politicians holding other public offices. These included Ro Teimumu Kepa
Teimumu Kepa
Teimumu Vuikaba Kepa is a Fijian chief and politician. A former students' coordinator at the University of the South Pacific when Kepa chose to enter the University to embark on her Bachelor of Arts Degree and was a principal of Corpus Christi Collegebefore that, until she succeeded her late...
, the Paramount Chief
Roko Tui Dreketi
The Roko Tui Dreketi is the Paramount Chief of Fiji's Rewa Province and of the Burebasaga Confederacy, to which Rewa belongs.-Details on the title:...
of the Burebasaga Confederacy
Burebasaga Confederacy
Burebasaga is the largest of the three confederacies that make up Fiji's House of Chiefs, to which all Fijian chiefs belong.-Composition of Burebasaga:...
, who was required to relinquish her chairmanship of the Rewa Provincial Council, which was deemed to be incompatible with her position as a member of the House of Representatives and as a Cabinet Minister
Cabinet (Fiji)
Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers, presided over by the Prime Minister. The Prime Minister is formally appointed, but not chosen, by the President: the President must appoint as Prime...
.
Even though the Labour Party agreed to the amendments in 2003, it has indicated that it will oppose them now. The FLP is bitterly opposed to other government legislation, such as the Reconciliation, Tolerance, and Unity Bill
Reconciliation and Unity Commission (Fiji)
The Reconciliation and Unity Commission is a proposed government body to be set up if the Reconciliation, Tolerance, and Unity Bill, which was introduced into the Fijian Parliament on 4 May 2005 is passed...
which may be passed with a simple majority, and it is thought that its stated intention to oppose these amendments, which require a two-thirds majority in both houses, may be a ploy to force the government to negotiate on the Unity Bill.
New Constitution for 2013
In July 2009, following the suspension of the Constitution in April, interim Prime Minister Voreqe Bainimarama announced that Fiji would have a new Constitution -its fourth- by 2013. It would remove the ethnic-based provisions of the electoral system. The voting age would be lowered to 18, and the number of seats in Parliament, as well as the "need for a Senate", would be reviewed during the preparatory phase. The new Constitution would derive from the People's Charter for Change, Peace and ProgressPeople's Charter for Change, Peace and Progress
The People's Charter for Change, Peace and Progress is a proposed legal document which would complement the Constitution of the Republic of the Fiji Islands. It would establish compulsory guidelines for any government policy in Fiji over the coming years...
, and from "extensive" consultations with political parties, non-governmental organisations and ordinary citizens.