Ajay Kumar at 07:58, 9 August 2023

2023-08-09T07:58:29Z

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{{Short description|Supreme law of Fiji}}
{{EngvarB|date=July 2016}}
{{Use dmy dates|date=July 2016}}
{{Politics of Fiji}}
The '''Constitution of Fiji''' is the supreme law of [[Fiji]]. There have been four Constitutions since the first was adopted in 1970. The first constitution, adopted in 1970 upon independence, was abrogated following two [[1987 Fijian coups d'état|military coups]] in 1987. A second constitution, the ''Constitution of the Sovereign Democratic Republic of Fiji'', was adopted in 1990. Its discriminatory provisions, which reserved the office of [[Prime Minister of Fiji|Prime Minister]] and a built-in majority in the [[House of Representatives of Fiji|House of Representatives]] for [[Fijians|indigenous Fijians]] (although they were at that time a minority of the [[Demographics of Fiji|population]]) proved very unpopular with the [[Indians in Fiji|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 third constitution, ''The Constitution of the Republic of the Fiji Islands'' dates from 1997. The current constitution was implemented in 2013.

== Background ==
Fiji's first constitution, implemented in 1970 at the time of independence from the [[UK]], contained negotiated provisions to enshrine the political supremacy of the minority indigenous population.<ref>{{cite web|url=http://epress.anu.edu.au/?p=22441/|title=A Time Bomb Lies Buried: Fiji’s Road to Independence, 1960–1970|publisher=Australian National University E Press|date=March 2008}}</ref> When [[1987 Fijian general election|an Indo-Fijian dominated government was elected]] despite these safeguards, the [[1987 Fijian coups d'état]] took place, resulting in even tighter measures in the 1990 constitution.

Widespread Indo-Fijian dissent, coupled with a [[Demographics of Fiji|population shift]] back to an indigenous majority, prompted a more inclusive approach in the [[1997 Constitution of Fiji|1997 constitution]]. This was followed by the [[1999 Fijian general election|election of the first Indo-Fijian Prime Minister]], and the violent, failed [[2000 Fijian coup d'état|civilian coup of 2000]]. The 2013 constitution gave [[Indo-Fijians]] equal status in the country.<ref>{{cite news|title=The legacy of Indian migration to European colonies|url=https://www.economist.com/news/international/21727896-century-after-india-ended-system-indentured-labour-its-diaspora-building|access-date=2 September 2017|work=[[The Economist]]|date=2 September 2017}}</ref>

== Constitutional Crisis ==
In addition, there was a [[1977 Fijian constitutional crisis|constitutional crisis in 1977]] and another [[2009_Fijian_constitutional_crisis|crisis in 2009]].

== 1970 Constitution ==

The 1970 Constitution went into effect 9 October 1970,<ref name="Reeves1998">{{cite journal|url=https://www.jstor.org/stable/20706809 |title=The Making of the Fiji Constitution |first=Paul |last=Reeves| journal=The Journal of the Polynesian Society |volume =107, No. 3 |date=September 1998| pages=223–228}}</ref> signaling Fiji's independence from Britain (though it remained a member of the [[Commonwealth of Nations|Commonwealth]]).<ref name="Appana">{{cite journal|url=http://fias.org.fj/wp-content/uploads/FS/13(2)/13-2-Appana_Abbott.pdf |title=Democracy and the Fijian Chiefly System: An Ongoing Problem |journal=Fijian Studies: A Journal of Contemporary Fiji |volume=13 |number=2|first1=Subhash |last1=Appana |first2=Malcolm |last2=Abbott}}</ref>

The Constitution set up a House of Representatives requiring 22 seats to represent voters registered as Fijian, 22 to those registered as Indian, and 8 to voters registered as neither.<ref name="Reeves1998"/>

In 1977, there was a constitutional crisis after the 1977 elections, which prevented a smooth transfer of power.<ref name="Herr2022">{{cite web|title=Fiji’s electoral crisis: when is a coup not a coup? |url=https://www.aspistrategist.org.au/fijis-electoral-crisis-when-is-a-coup-not-a-coup/ |first=Richard |last=Herr| work=The Strategist |date=22 Dec 2022}}</ref>

In 1987, [[Timoci Bavadra]] became Prime Minster and formed a cabinet which included a majority of Indian Cabinet members.<ref name="Reeves1998"/> The Fijian Army raided the House of Representatives, arrested several cabinet members and the Prime Minister, the first of two [[1987 Fijian coups d'état]], and the 1970 Constitution was suspended.<ref name="Reeves1998"/>

== 1990 Constitution ==

The ''Constitution of the Sovereign Democratic Republic of Fiji'', was adopted in 1990.

== 1997 Constitution ==
{{see also|1997 Constitution of Fiji}}
The ''Constitution of the Republic of the Fiji Islands'' dates from 1997. It is Fiji's third Constitution. The 1997 Constitution of Fiji was the supreme law of [[Fiji]] from its adoption in 1997 until 2009 when [[Josefa Iloilo|President Josefa Iloilo]] purported to abrogate it. It was also suspended for a period following the [[2000 Fijian coup d'état|2000 ''coup d'état'']] led by [[George Speight]].

=== Constitutional process ===
In 1995, President [[Kamisese Mara|Ratu Sir Kamisese Mara]] appointed a three-member Constitutional Review Commission. Their report was presented to the President on 6 September 1996. The report was subsequently tabled in [[Parliament of Fiji|Parliament]], at a joint sitting of the [[Senate of Fiji|Senate]] and the [[House of Representatives of Fiji|House of Representatives]], on 11 September. 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 [[Ratu|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 institutionalising 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.

=== 2000 and 2006 coups, 2009 abrogation ===
{{Main|2000 Fijian coup d'état|2006 Fijian coup d'état}}

The 1997 constitution was abrogated by [[Commodore (rank)|Commodore]] [[Frank Bainimarama]], who organised a counter-coup to neutralise a civilian [[2000 Fijian coup d'état|coup d'état]] led by [[George Speight]], and subsequently formed an '''Interim Military Government.''' In March 2001 the [[Court of Appeal of Fiji]] reinstated the constitution in ''[[Republic of Fiji Islands v Prasad]]'', and new [[2001 Fijian general election|parliamentary elections]] under it were held in September 2001.

On 5 December 2006, the [[Republic of Fiji Military Forces|Military]] again [[2006 Fijian coup d'état|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.<ref>{{cite news |url=http://www.fijitimes.com/story.aspx?id=53698 |archive-url=https://web.archive.org/web/20070927191759/http://www.fijitimes.com/story.aspx?id=53698 |url-status=dead |archive-date=27 September 2007 |title=Constitution may be abrogated |publisher=Fiji Times |date=18 December 2006}}</ref><ref>{{cite news |url=http://www.fijilive.com/news/show/news/2006/12/18/Fijilive09.html |archive-url=https://web.archive.org/web/20070123071105/http://www.fijilive.com/news/show/news/2006/12/18/Fijilive09.html |archive-date=23 January 2007 |title=Army running out of legal options: Lawyer |publisher=Fijilive |date=18 December 2006}}</ref>

In the [[2009 Fijian constitutional crisis|April 2009 crisis]], President [[Josefa Iloilo]] suspended the Constitution and dismissed all judges after the [[Court of Appeal of Fiji|Court of Appeal]] ruled the [[2006 Fijian coup d'état|military government from 2006]] illegal.<ref name="Stuff.co.nz_2327182">{{cite web |url=http://www.stuff.co.nz/world/south-pacific/2327182/Fiji-president-fires-all-judges |title=NZ condemns Fiji judge sackings |date=10 April 2009 |work=[[Stuff.co.nz]] |access-date=25 September 2011}}</ref><ref>[http://news.bbc.co.uk/1/hi/world/asia-pacific/7993295.stm "Fiji's president takes over power"] BBC News, 10 April 2009</ref>

=== Amendments ===
At the end of September 2005, the government introduced legislation to amend the Constitution so as to allow [[Parliament of Fiji|parliamentarians]] and other senior government officials to serve as members of [[Local government in Fiji|Provincial Councils]], the [[Fijian Affairs Board]], or the [[Great Council of Chiefs]]. Prime Minister [[Laisenia Qarase]] told the [[House of Representatives of Fiji|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 [[Ratu|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 [[Teimumu Kepa|Ro Teimumu Kepa]], the [[Roko Tui Dreketi|Paramount Chief]] of the [[Burebasaga|Burebasaga Confederacy]], who was required to relinquish her chairmanship of the [[Rewa Province|Rewa]] Provincial Council, which was deemed to be incompatible with her position as a member of the House of Representatives and as a [[Cabinet of Fiji|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.

==New Constitution for 2013==
{{see also|2013 Constitution of Fiji}}
In July 2009, following the suspension of the Constitution in April, interim Prime Minister [[Frank Bainimarama|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.<ref>[http://news.bbc.co.uk/2/hi/asia-pacific/8128211.stm "Fiji constitution plan unveiled"] BBC News, 1 July 2009</ref> The new Constitution would derive from the [[People's Charter for Change, Peace and Progress]], and from "extensive" consultations with political parties, non-governmental organisations and ordinary citizens.<ref>[https://web.archive.org/web/20090709094632/http://www.fijitimes.com/story.aspx?id=124623 "Work on Fiji's Constitution to start in 3 years"] Fiji Times, 1 July 2009</ref><ref>[https://web.archive.org/web/20090721052532/http://www.fiji.gov.fj/publish/page_15376.shtml "PM Bainimarama – A Strategic Framework for Change"], Fiji government website, 1 July 2009</ref>

==See also==
* [[People's Charter for Change, Peace and Progress]]

==References==
{{wikisourcepar|Constitution of the Fiji Islands}}
{{reflist|30em}}

{{Fiji topics}}

{{authority control}}

[[Category:1997 Constitution of Fiji| ]]
[[Category:1997 in law]]
[[Category:1997 in Fiji]]
[[Category:1997 documents]]

Constitution of Fiji - Revision history

Ajay Kumar at 07:58, 9 August 2023