Kathmandu School of Law Review

P-ISSN : 2091-2110, E-ISSN : 2773-8159, DOI : 10.46985, Publisher : Kathmandu School of Law, Nepal
Annual flagship journal of Kathmandu School of Law, Nepal

Volume 3, Issue Special, May 2013
Articles

Historical Account of Democratisation and Constitutional Changes in Fiji

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  • Ilana Harriet Burness
Ilana Harriet Burness
Kathmandu School of Law
Bio

Published 2013-05-31

How to Cite

Burness, I. H. (2013). Historical Account of Democratisation and Constitutional Changes in Fiji. Kathmandu School of Law Review, 3(Special), 105–115. Retrieved from https://kslreview.org/index.php/kslr/article/view/1007

Abstract

Fiji a country of 300 islands, having multi-ethnic communities, has gone through a number of constitutional changes from Colonial to post independence time. This paper vividly explores the constitutional history of the Fiji along with a critical review on emerging issue of the ‘Draft constitution’ listing the key human rights violation that occurred during the three Coup de Tats and comparing ‘consociational’ to ‘hegemonic’ constitutions.

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References

  1. B. Lal, A time bomb lies buried: Fiji's road to independence, 1960-1970 (Australian National University 2008).
  2. Ibid.
  3. ‘Fiji Bureau of Statistics 2012’
  4. <http://www.statsfiji.gov.fj/Key%20Stats/Population/1.2%20pop%20by%20ethnicity.pdf> accessed 24 February 2013).
  5. Ibid.
  6. Ibid.
  7. Indigenous Fijians were once dominated by Indo-Fijians in Fiji; however from 1987 to 2006, the numbers of Indo-Fijians migrating to Australia, Canada, USA and New Zealand has greatly increased due to the four coup.
  8. English is spoken by everyone. According to Fiji’s Draft Constitution 2012, Chapter 1, srticle 5,iTaukei and Rotuman are the official indigenous languages. Languages spoken in Fiji are English, iTaukei,Rotuman and Fiji-Hindi.
  9. Lal (n 2) 9.
  10. Ibid 10.
  11. Ibid 11.
  12. See B. Lal , Politics in Fiji: Studies in contemporary history (Allen and Urwin Australia 1986).
  13. On 15th May 1879, the first indentured labourers from Calcutta, India (463 of them) arrived into Levuka (Capital of Fiji at the time) on board the ‘Leonidas’. The labourers were to work on sugar cane plantations in various parts of Fiji.
  14. R Nicole, Disturbing history: Aspects of resistance in early colonial Fiji, 1874 – 1914 (University of Canterbury 2006) 181.
  15. Ibid 183.
  16. Ibid.
  17. The Arya Samaj was started in Bombay in 1875 by Swami Dayanand Saraswati and is a Spiritual body, that is committed to the social and political rights order. The Arya Samaj introduced three ideals to Indentured labourers; Education, media and Religion. They established schools between 1910 and 1920, competing with Mission schools. The Arya Samaj was the first institution to educate Indentured labourers in the English language and mentor them in politics, that began Fiji’s first political parties, consisting of Indentured labourers. Ibid 310-318.
  18. Indo-Fijians were granted suffrage in 1929. A Pandey, Indians and the Struggle for Power in Fiji (Organization for Diaspora Initiatives 2010) 60.
  19. Ibid.
  20. Independence was an outcome of the ‘Fiji Constitutional Conference’ held in London, April 1970. A. Ali & R. Crocombe, Fiji: The politics of a plural society (Institute of Pacific Studies of the University of the South Pacific 1982) 140.
  21. A ‘Hegemonic’ constitution, based on the Westminster parliamentary system introduced. It contained a ‘Bill of Rights’ and adopted a parliamentary democracy to suit the multi-ethnic population. Y. Ghai, Human Rights and Social Development: Toward Democratization and Social Justice (United Nations Research Institute for Social Development 2001).
  22. Y. Ghai & J. Cottrell, ‘A tale of three constitutions: Ethnicity and politics in Fiji’ (2007) 5(4) International Journal of Constitutional Law 639.
  23. Ibid 639-669.
  24. Following the General Election, on May 19th 1987, Fiji’s first (bloodless) Military Coup was carried out by Lieutenant - Colonel Sitiveni Rabuka. Rabuka abrogated the 1970 constitution.
  25. The second coup occurred on 25th September 1987 and was to prevent a coalition government, to maintain a majority Fijian domination. S Ratuva, ‘The Military Coups in Fiji: Reactive and Transformative Tendencies’ (2011) 19(1) Asian Journal of Political Science 98.
  26. B. Lal & P. Larmour, Electoral systems in divided societies: The Fiji constitution (Australian National University E Press 2012) 1.
  27. Ibid.
  28. The ‘hegemonic’ constitution did not address multi-racialism. The text segregated all other racial groups, including the Indo-Fijians, e.g. the preamble of the constitution clearly protects Indigenous Fijian interest, especially. Regarding the land issue and Great Council of Chiefs.
  29. Anirudh Singh was kidnapped and tortured by the Military in October 1990.
  30. Lal (n 26) 2.
  31. A new constitution was drafted by the Reeves Commission (Constitutional Review Commission), headed by Sir Paul Reeves, former Governor General of New Zealand. Other members were Tomasi Vakatora, an Indigenous Fijian businessman and Professor Brij Lal, an Indo Fijian Historian and Professor at Australian National University, Canberra. The main goal of the Commission was to design an electoral system to foster multi-ethnic cooperation and a multi-ethnic government. The Reeves Commission recommended having open seats instead of communal seats, to do away with the racial segregation of party politics, which existed in the previous constitutions.
  32. Lal (n 26).
  33. Ghai (n.22) 254.
  34. Chaudhry formed an alliance with the two Indigenous Fijian parties; the Fijian Association Party (FAP, whose leader was Indigenous Fijian woman, Adi Kuini Speed and wife of the former Dr Timoci Bavadra) and Party of National Unity (PANU). Chaudhry’s government enforced very progressive reforms, such as the establishment of legislative reforms, setting up of the Fiji Human Rights (FHRC) and Education Commissions, as well as corruption enquiries.
  35. Ghai (n 22) 664.
  36. Ratu Mara, Fiji’s Prominent Chief from Lau Island in Fiji was forcefully sent back to Lau by the Military Forces of Fiji, who took over Executive control of the Nation. Therefore, he was no longer President of Fiji and his dismissal from Politics reflected an end to Chiefly political influence since Colonial times. Ratu Mara was very influential amongst Fijian people, he had International standing and since his departure, there have been no other Indigenous leaders of such Charisma and influence. B. Lal,Madness in May: George Speight and the unmaking of modern (Australian National University E Press 2012) 176.
  37. Brij Lal argues that the 1987 Coup led by Rabuka, a commoner and Colonel in the Miltary, was to protect the Fijian institutions set up since British Rule. The 1987 coup was to protect Indigenous interests; Indigenous versus Indo-Fijians. On the other hand, the 2000 Coup led by George Speight, was about rivalries between Fijians, rather than race. According to Brij Lal, ‘Even George Speight himself admitted that 'the race issue between Fijians and Indians is just one pieceof the jigsaw puzzle that has many pieces' (interview, Fiji Sun 10 June 2000). Ibid 178.
  38. (BBC news article about imprisonment of the eleven Coup perpetrators) <http://www.accessmylibrary.com/article-1G1-85314256/fiji-speight-accomplices-serve.html> accessed 10 February 2013).
  39. The paradoxes and contradictions of the 2006 coup outdo anything in Fiji’s modern history. This was not a coup of Fijian nationalists against a predominantly Fiji-Indian-supported coalition that had just emerged victorious at the polls, as in 1987 and 2000. It was a coup against a strongly indigenous Fijian-backed government that had been elected, with over 80 per cent of the ethnic Fijian vote, only seven months earlier” (in Fraenkel, J. and S. Firth (2009). J. S. Firh & B. V. The enigmas of Fiji’s good governance coup. The 2006 military takeover in Fiji: a coup to end all coups?( Australian National University) 4-6.
  40. Military personnel were employed in the police, prisons, immigration, fisheries and justice.
  41. A citizen is now referred to as ‘Fijian’ and Indigenous Fijians are known as ‘iTaukei’. Furthermore, the former Colonial racial classification of ethnic groups in Fiji has ended. Arrival cards at customs in Fiji’s International airport, Nadi International Airport has done away with the term ‘race’. All Fiji born citizens are Fijians and Indigenous peoples are Fijians.
  42. The Charter was designed by a ‘National Council for Building a Better Fiji’ (NCBBF). NCBBF was formed in April 2007 and consisted of Civil Society and Fiji citizens, interested to return Fiji to democracy. However, NCBBF did not last long due to funding issues. However, to date the Charter still exists and is Fiji’s ‘interim governance and human rights document’.
  43. Ghai (n 22) 665.
  44. Both countries applied travel bans to relatives of the Military forces and civil servants nominated by the Regime.
  45. B LaL, This process of political readjustment: The aftermath of the 2006 Fiji Coup. (Australian National University 2009) 84.
  46. Ibid 85.
  47. EPG consisted of four members from Vanuatu, Samoa, Papua New Guinea and Australia.
  48. Note that the Fiji Islands Bureau of Statistics (FBOS) held a census in 2007. (FBOS) < http://www.statsfiji.gov.fj> accessed 1 May 2013.
  49. The NCBBF’s ‘People’s Charter for Change, Peace and Progress’ was written and supported by the NGOs; Women’s Action for Change, Fem Link Pacific, Ecumenical Centre for Education, Research and Advocacy and Citizen’s Constitutional Forum. The Charter process was to move Fiji forward towards democracy. However, the Charter team disbanded in April 2008, due to funding issues.
  50. Additionally, the Head John Samy, was getting paid a salary of 12,000 for ten months of contracted work, an exorbitant salary in Fiji dollar terms. Professor Wadan Narsey condemned the Charter process and stated that the process was a waste of taxpayers’ money. According to a Fiji Times 2008 article by Narsey, 92% of more than 400,000 Fiji citizens approved the Charter. (Fijitimes) <http://www.fijitimes.com/story.aspx?id=109641> accessed 10 February 2013.
  51. The list of human rights abuses is very long. For instance, in November 2000, The Chandrika Prasad case ruling. Mr Prasad was the victim of human rights abuse in his community of Muaniweni. Due to the significance of the violations, he and his family were transferred to New Zealand. Mr Prasad took his case to the High Court and Court of Appeal, whereby the 1997 constitution was restored. This is one of the few international human rights cases, that restored a constitution, after it was abrogated. (SCOOP News) <http://www.scoop.co.nz/stories/WO0011/S00126.htmand http://fijipensioners.com/> accessed 23 February 2013; December 2006 – Fiji Women’s Rights Movement Executive Director, Virisila Buadromo, along with her husband were taken up to the Fiji Military Forces camp, beaten across their faces, told to lick the boots of the soldiers detaining them and threatened the lives of their family and friends. In March 2008, Buadromo won the ‘International Woman of Courage Award’. The award is the idea of former Secretary of State in the US, Condoleezza Rice; award recognizing the women around the world with exceptional courage, in fighting for women’s rights and advancement. In November 2009, Academic, Dr Brij Lal was arrested and taken from his home in Suva to Military camp, locked up for the night. He had commented on the expulsion of the Australian and New Zealand diplomats’ expulsion from Fiji. Dr Lal was spat at and ordered to leave Fiji within 24 hours;
  52. The issue of ‘power sharing’ is encouraged by the international community – for the government and rebels to work together. Otherwise, the suppression of ideals will surface in some way, giving rise to conflict. Y Ghai, Ethnic identity, participation and social justice: A constitution for new Nepal’ (2011) 18 International Journal on Minority and Group Rights, 309-334.
  53. Ibid.
  54. Ghai states, Fiji has been cited by several authors as a successful consociational state but, at least until the ill-fated 1999 constitution, it was best characterised as an ethnically dominant state. Ibid 1.
  55. Consociational arrangements are often based on a high degree of collective rights and forms of selfgovernance based on traditional authority. These power structures can disadvantage specific groups like women and persons belonging to lower castes (as demonstrated by discrimination against aboriginal women in Canadian reserves or Muslim women in India. Y. Ghai & G Galli, Constitution building processes and democratization (International Institute for Democracy and Electoral Assistance 2006) 1.
  56. Ibid 3.
  57. Members of the Commission were Yash Ghai: (Former Constitutional Advisor in Nepal), Christina Murray, Penelope Moore, Satendra Nandan,Taufa Vakatale and Executive Secretary, Keshwa Reddy. The Commission was tasked under Decree no.57/2012 to design a new constitution for Fiji.
  58. A constitution’s role is to: Affirm common values and identities; Prescribe rules to determine membership of the community; Promise physical and emotional security by state monopolization; Agree on ways in which and the institutions through which state power is to be exercised; Provide for the participation of citizens in affairs of the state, esp. through free and fair elections; Protect rights; Establish rules for peaceful transition of governments; Ensure predictability of state action and security of provate transactions through the legal system; Establish procedures for dispute settlement; Provide clear and consensual procedures for change of these fundamental arrangements. Ibid 8.
  59. The CA will have a diversity of representatives from trade unions, NGOs, political parties, pensioners, etc. According to Australia Network News, the Military will write the new constitution via the Attorney General’s office, which is not good democratic practice and goes against the principles of good governance and accountability. ‘Fiji Getting a New Constitution’, ABCNews (7 February 2013) <http://www.abc.net.au/news/2013-02-07/fiji-getting-a-new-constitution/4507518> accessed 10 February 2013.
  60. Commission, Draft constitution: The explanatory report: The Constitution Commission. C. Commission. Suva, Constitution Commission (2012) 124. The draft constitution separates Religion and the State. Chapter 1, Article 6 (3):’Religion belief is personal. Therefore, religion and the State are separate…
  61. The constitution is divided into eighteen chapters and contains articles. The Constitution is an important document and needs to be understood by all citizens, from the village person to political leaders.
  62. Chp 6, arts 68-72.
  63. The court will uphold the Constitution; people will have access to the courts if they feel their rights have been violated, as per the clauses in the Constitution: Parliament is under one house and consists of 71 members; no Senate. Allocation of more seats to Women and Minority groups; More efficient system of accountability of public funds; Proportional voting without ethnic seats; one person one vote system; Voting age reduced from 21 to 18 years old; Under Schedule 1 (article 9), dual citizenship is allowed; Re-instatement of the ‘Bose Levu Vakaturaga’ (Great Council of Chiefs) under Chapter 4, article 56; Cultural rights recognized in article 47; cultural groups to enjoy other cultures and are free to join cultural organizations. The three languages of iTaukei (Fijian), Hindi and English given equal status under article 5 (2) and iTaukei (Fijian) and Rotuman acknowledged as the Indigenous languages of Fiji, which must be protected and promoted by the State; Regulation of military courts; dealing with matters relating to the Military (article 126 (3)does not give power to the Military court to deal with Military accused of human rights violations, e.g. enforced disappearances and torture; Set up of a ‘National Security Council’ to review national security (members are Parliamentarians); Chapter 1, article 2 (3) (b) (i) addresses immunity; Chapter 1, article 5 states that iTaukei and Rotuman are the official indigenous languages of Fiji; Chapter 3, articles 18 – 52 sets out the ‘Bills of Rights; Chapter 13, article 144 (4)sets out the establishment of the Fiji Human Rights Commission and Chapter 3, article 52states the functions of the FHRC; Chapter 8, article 79 states the ‘proportional representation system’ of one voter having one vote; Schedule 6, section 14 (2)states that any Military person who is in public office under the constitution, is deemed to have resigned from the RFMF. Sub-section 3, however pardons the current PM, who is the Cmmander of the RFMF.
  64. The Regime passed another decree, ‘Political Parties (Registration, Conduct, Funding and Disclosures) Decree in January 2013, weeks after the Ghai Draft Constitution was dismissed. The decree greatly restricts political participation, as any party registering, has to have 5000 members from all four Divisions of Fiji; 2000 in Central, 250 in Eastern, 1750 in Western and 1000 in Northern divisions, and bans trade unionists from joining a political party. The decree violates Article 21 of the Universal Declaration of Human Rights (UDHR).
  65. Bob Carr has reiterated Australia’s support for Fiji’s return to Democracy in 2014. He met with Fijian Foreign Affairs Minister, Inoke Kubuabola in Australia recently. ‘Carr Reiterates Commitment to Fiji’ <http://www.tawakilagi.com/2013/01/14/carr-reiterates-commitment-to-fiji%E2%80%99s-return-todemocracy/> accessed 10 February 2013.