2013 Constitution of Fiji

Last updated

The 2013 Constitution of Fiji was the fourth constitution of Fiji, signed into law by President Ratu Epeli Nailatikau on 6 September 2013, coming into effect immediately. [1] [2] It is the first to eliminate race-based electoral rolls, race-based seat quotas, district-based representation, the unelected upper chamber, and the role of the hereditary Council of Chiefs. It vests sole legislative authority in a single-chamber, 50-seat, at-large Parliament, to be first convened following general elections in 2014. [3] It is also the first ever to grant the right to multiple citizenship (in effect since 2009 by decree, [4] [5] on abrogation of the 1997 constitution), and lowers the voting age to 18.

Contents

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. [6] When 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 population shift back to an indigenous majority, prompted a more inclusive approach in the 1997 constitution. This was followed by the election of the first Indo-Fijian Prime Minister, and the violent, failed civilian coup of 2000. The 2013 constitution gave Indo-Fijians equal status in the country. [7]

Rationale

The 2000 coup was ended by military intervention. Fifteen people died. [8] Power was handed over to a civilian administration, which subsequently won the 2001 elections — depending for its majority on elements that had been supportive of the coup — and granted early release to several conspirators who had been imprisoned. [9] It also proposed legislation that would have extended amnesty to those involved (the Reconciliation, Tolerance, and Unity Bill).

This angered the head of the Republic of Fiji Military Forces, Frank Bainimarama, who spoke out against the government, formally demanded a reversal, withstood an attempt to replace him, and eventually launched his own bloodless coup in December 2006.

As Prime Minister, Bainimarama declared that the race-based electoral system — which he characterized as insulating the well-connected not only from political consequences but from justice and the law — had to be reformed before new elections were held. After months of international pressure, he announced elections for 2009, but then reversed himself, [10] saying that a whole new system (a new census, a new voter's list, and a new constitution) would need to be established to prevent a return to the "coup culture."

In 2008, the government-appointed National Council for Building a Better Fiji released the People's Charter for Change, Peace and Progress, which established guidelines for drafting a new constitution, and in 2012 public hearings began across the country to solicit input from the community. [11]

Criticism

In 2012 the military regime appointed a constitutional commission to draft a new constitution as part of a return to democracy. [12] In December 2012 Tikoitoga ordered all copies of the draft seized [13] and demanded the prosecution of commission chair Yash Ghai. [14] The draft was subsequently discarded and a new, military-drafted constitution imposed.

Original draft author Yash Ghai has publicly disagreed with changes in the final document, including the removal of regional representation, maintaining that it favors larger political parties. [15]

In August 2024 the government of Sitiveni Rabuka announced it would begin a process to amend the constitution. [16]

See also

Related Research Articles

<span class="mw-page-title-main">Politics of Fiji</span>

The politics of Fiji take place within the framework of a parliamentary representative democratic republic. Fiji has a multiparty system with the Prime Minister of Fiji as head of government. The executive power is exercised by the government. Legislative power is vested in both the government and the Parliament of Fiji. The judiciary is mostly independent of the executive and the legislature.

<span class="mw-page-title-main">Mahendra Chaudhry</span> Fijian politician (born 1942)

Mahendra Pal Chaudhry is a Fijian politician and the leader of the Fiji Labour Party. Following a historic election in which he defeated the long-time former leader, Sitiveni Rabuka, the former trade union leader became Fiji's first Indo-Fijian Prime Minister on 19 May 1999, but exactly one year later, on 19 May 2000 he and most of his Cabinet were taken hostage in the Fiji coup of 2000 by coup leader George Speight. Unable to exercise his duties, he and his ministers were sacked by President Ratu Sir Kamisese Mara on 27 May; Mara intended to assume emergency powers himself but was himself deposed by the military leader, Commodore Frank Bainimarama.

<span class="mw-page-title-main">Great Council of Chiefs</span> 1876–2012 & 2023– Fijian constitutional body

The Great Council of Chiefs is a Fijian constitutional body. It previously existed from 1876 to March 2012 and was restored in May 2023.

<span class="mw-page-title-main">Sitiveni Rabuka</span> Prime Minister of Fiji from 1992 to 1999 and since 2022

Sitiveni Ligamamada Rabuka is a Fijian politician, sportsman, and former soldier who has been serving as Prime Minister of Fiji since 24 December 2022. He was the instigator of two military coups in 1987. He was democratically elected as Prime Minister of Fiji, serving from 1992 to 1999, and again in 2022, leading a three-party coalition. He also served as Chairman of the Great Council of Chiefs from 1999 to 2001, and later as Chairman of the Cakaudrove Provincial Council from 2001 to 2008.

<span class="mw-page-title-main">Frank Bainimarama</span> Prime Minister of Fiji from 2007 to 2022

Josaia Voreqe "Frank" Bainimarama is a Fijian former politician and naval officer who served as the prime minister of Fiji from 2007 until 2022. A member of the FijiFirst party, which he founded in 2014, he began his career as an officer in the Fijian navy and commander of the Fijian military. Despite being suspended from Parliament, he served as the opposition leader from 24 December 2022 until 8 March 2023, when he resigned and was replaced by Inia Seruiratu.

<span class="mw-page-title-main">2000 Fijian coup d'état</span> Coup that overthrew Prime Minister Mahendra Chaudhry

The 2000 Fijian coup d'état was a civilian coup d'état by an armed group of indigenous Fijian nationalists supported by the Counter Revolutionary Warfare Unit, against the elected government of Indo-Fijian Prime Minister Mahendra Chaudhry, on 19 May 2000. This was followed by President Ratu Sir Kamisese Mara's attempt to assert executive authority on 27 May. Mara would resign under duress on 29 May, handing power to Frank Bainimarama, a commander of the Fijian military.

Since attaining independence from the United Kingdom on 10 October 1970, Fijian history has been marked by exponential economic growth up to 1987, followed by relative stagnation, caused to a large extent by political instability following two military coups in 1987 and a civilian putsch in 2000. This was followed by another military coup in 2006. Rivalry between indigenous Fijians and Indo-Fijians, rather than ideological differences, have been the most visible cleavage of Fijian politics. Later in 2020, Fiji was hit by the global COVID-19 pandemic, which affected the economy and the daily lives of the people.

Saula Telawa was a Fijian nationalist politician who served as President of the now-defunct New Nationalist Party, which advocated indigenous Fijian paramountcy. He also championed the establishment of Christianity, the faith of most indigenous Fijians, as Fiji's official religion. He claimed to be the heir to the legacy of the late nationalist leader Sakeasi Butadroka.

<span class="mw-page-title-main">2006 Fijian coup d'état</span> Coup that overthrew civilian government and made Bainimarama acting Prime Minister

The Fijian coup d'état of December 2006 was a coup d'état in Fiji carried out by Commodore Frank Bainimarama against Prime Minister Laisenia Qarase and President Josefa Iloilo. It was the culmination of a political crisis that had begun the previous year when the Qarase government introduced three bills to the Fijian Parliament. The Qoliqoli, Land Tribunal, and Reconciliation, Tolerance, and Unity Bills dealt with the ongoing ethnic conflicts in Fiji and the aftermath of the 2000 coup, and were considered to be pro-ethnic Fijian. Bainimarama, the Commander of the Republic of Fiji Military Forces (RFMF), presented the government with a list of demands on October 16 that included withdrawing the bills. Attempts at negotiation failed and the military launched a coup on 4 December. Parliament was dissolved, Qarase and his cabinet were dismissed, and some civilian officials were placed under house arrest. After the Great Council of Chiefs refused to appoint a cabinet friendly to the military, Bainimarama reached an understanding with Iloilo and reinstated him as president on 4 January 2007. Iloilo then appointed Bainimarama acting prime minister in charge of the Interim Cabinet.

<span class="mw-page-title-main">2014 Fijian general election</span>

General elections were held in Fiji on 17 September 2014 to select the 50 members of Parliament. The FijiFirst party, led by Prime Minister Frank Bainimarama, won a landslide victory, winning 32 of the 50 seats. The Social Democratic Liberal Party and the National Federation Party were the only other two parties to cross the 5% electoral threshold and win seats.

<span class="mw-page-title-main">Aiyaz Sayed-Khaiyum</span> Former Attorney General of Fiji)

Aiyaz Sayed-Khaiyum is a Fijian politician and a former cabinet minister. He was the Fijian Attorney-General and the Minister for Economy, Civil Service and Communications, and also served as the Minister responsible for Climate Change under the FijiFirst government. He is the third-highest polling candidate from the Fijian general elections of 2014, 2018 and 2022.

The People's Charter for Change, Peace and Progress was a proposed legal document which would have complemented the 1997 Constitution of Fiji. It would have established compulsory guidelines for any government policy in Fiji over the coming years. The People's Charter was due to be completed and come into force prior to the scheduled 2014 general election.

<span class="mw-page-title-main">Fiji–United States relations</span> Bilateral relations

The bilateral relations between the Fiji and the United States have improved significantly since Fiji's elections in September 2014, which restored a democratically elected government to Fiji for the first time since 2006. The United States had opposed Fiji's unelected government, which came to power through a military coup in December 2006.

In April 2009, Fiji underwent a constitutional crisis when the Court of Appeal ruled that the 2006 Fijian coup d'état had been illegal. The Court dismissed the Interim Cabinet led by Prime Minister Frank Bainimarama that had governed Fiji since the coup. However, President Josefa Iloilo announced on a nationwide radio broadcast that he was abrogating the Constitution. He dismissed all judges and constitutional appointees, and reinstated Bainimarama and his cabinet. He also instituted emergency rule which increased police powers and allowed media censorship.

<span class="mw-page-title-main">Constitution of Fiji</span> Supreme law 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 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 and a built-in majority in the House of Representatives for indigenous Fijians 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 third constitution, The Constitution of the Republic of the Fiji Islands dates from 1997. The current constitution was implemented in 2013.

<span class="mw-page-title-main">Pio Tikoduadua</span> Fijian politician, Minister, President of the National Federation Party (born 1966)

Lt Col Pio Tikoduadua is a Fijian politician, cabinet minister and member of the Parliament of Fiji. He is the current president of the National Federation Party.

Jone Baledrokadroka is a Fijian academic and former soldier who served briefly as Republic of Fiji Military Forces Land Force Commander in January 2006. He was dismissed from the post after only four days after RFMF Commander Frank Bainimarama accused him of planning a mutiny. He is the son of former senator and Taukei ni Waluvu Ratu Alipate Baledrokadroka and the brother of Senator Adi Lagamu Vuiyasawa. He is also the uncle for New Zealand netballer Erikana Pedersen.

<span class="mw-page-title-main">Fijian nationality law</span>

Fijian nationality law details the conditions by which a person is a national of Fiji. The primary law governing nationality requirements is the Citizenship of Fiji Act 2009, which came into force on 10 April 2009.

<span class="mw-page-title-main">Mosese Tikoitoga</span> Fijian soldier and diplomat (died 2023)

Brigadier Mosese Tikoitoga was a Fijian soldier and diplomat, who served as Commander of the Republic of Fiji Military Forces from 2014 to 2015.

References

  1. ↑ "President signs long-awaited Fiji constitution into law" Australia Network News, September 19, 2013
  2. ↑ "Fiji: New Constitution Signed into Law" Library of Congress, Global Legal Monitor, September 9, 2013
  3. ↑ "2013 Constitution". Elections Fiji. Archived from the original on 29 October 2013. Retrieved 25 October 2013.
  4. ↑ "Citizenship". Fiji Department of Immigration. Archived from the original on 27 October 2013. Retrieved 25 October 2013.
  5. ↑ "2009 Citizenship Decree (PDF)" (PDF). Fiji Department of Immigration. Retrieved 25 October 2013.[ permanent dead link ]
  6. ↑ "A Time Bomb Lies Buried: Fiji's Road to Independence, 1960-1970". Australian National University E Press. March 2008.
  7. ↑ "The legacy of Indian migration to European colonies". The Economist . 2 September 2017. Retrieved 2 September 2017.
  8. ↑ "George Speight". Time Magazine. 25 December 2000.
  9. ↑ "The 2006 Military Takeover in Fiji: A Coup To End All Coups?". Australian National University E Press. April 2009.
  10. ↑ "Bainimarama rules out elections in Fiji this year". The New Zealand Herald. 20 January 2009.
  11. ↑ "Fiji begins public hearings on new constitution" Australia Network News, August 6, 2012
  12. ↑ "Fiji Constitutional Commission sworn in". RNZ. 25 July 2012. Retrieved 1 January 2024.
  13. ↑ "Call for transparency after Fiji regime seizes draft constitution". RNZ. 31 December 2012. Retrieved 1 January 2024.
  14. ↑ "Fiji military says Ghai should be charged over constitution distribution". RNZ. 3 January 2013. Retrieved 1 January 2024.
  15. ↑ "Constitutional expert Yash Ghai says he doubts if Fiji PM Frank Bainimarama has read constitution". Australia Network News. 23 October 2013.
  16. ↑ Wati Talebula-Nuku (5 August 2024). "PM: Govt starts work to amend Constitution". Fiji Sun. Retrieved 5 August 2024.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.