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| This article is part of a series on the politics and government of Fiji |
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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 restore democracy was held in September 2001. In what was one of Fiji's most bitterly fought elections ever, the newly formed Soqosoqo Duavata ni Lewenivanua of the interim Prime Minister Laisenia Qarase narrowly defeated the Fiji Labour Party of deposed former Prime Minister Mahendra Chaudhry.
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 George Speight.
Fiji, officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean about 1,100 nautical miles northeast of New Zealand's North Island. Its closest neighbours are Vanuatu to the west, New Caledonia to the southwest, New Zealand's Kermadec Islands to the southeast, Tonga to the east, the Samoas and France's Wallis and Futuna to the northeast, and Tuvalu to the north. Fiji consists of an archipelago of more than 330 islands—of which 110 are permanently inhabited—and more than 500 islets, amounting to a total land area of about 18,300 square kilometres (7,100 sq mi). The most outlying island is Ono-i-Lau. The two major islands, Viti Levu and Vanua Levu, account for 87% of the total population of 898,760. The capital, Suva, on Viti Levu, serves as the country's principal cruise-ship port. About three-quarters of Fijians live on Viti Levu's coasts, either in Suva or in smaller urban centres such as Nadi—where tourism is the major local industry—or Lautoka, where the sugar-cane industry is paramount. Due to its terrain, the interior of Viti Levu is sparsely inhabited.
The High Court of Fiji is one of three courts that was established by Chapter 9 of the 1997 Constitution of Fiji — the others being the Court of Appeal and the Supreme Court. The Constitution empowered Parliament to create other courts; these were to be subordinate to the High Court, which was authorized to oversee all proceedings of such courts. The High Court had unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under the Constitution.
The FLP had been hurt by leadership bickering in the wake of the coup, and the subsequent defection of a number of its high-profile members from the ethnic Fijian community, including Tupeni Baba, the former Deputy Prime Minister. The mutual refusal of the FLP and the National Federation Party, the only other political party with significant Indo-Fijian support, to reach a preference-swapping deal had also worked against both parties. (In Fiji's system of transferable voting, any two or more candidates in a particular constituency can have their votes combined, unless the electors specify a different option by ranking the candidates numerically in order of their preference).
Fijians are a nation and ethnic group native to Fiji, who speak Fijian and share a common history and culture.
Tupeni Lebaivalu Baba is a Fijian academic and politician, who founded the now-defunct New Labour Unity Party. Most members of this party later merged with several other centrist parties to form the Fiji Democratic Party. A former Professor of Education at the University of the South Pacific (USP), he later served as a senior research fellow at the Centre for Pacific Studies at the University of Auckland in New Zealand, from 2001 to the end of 2005. In the general election scheduled for 6–13 May 2006, Baba attempted a political comeback, this time on the ticket of the ruling Soqosoqo Duavata ni Lewenivanua (SDL), a political switch that generated a considerable degree of public discussion. Although his bid was unsuccessful, he was subsequently appointed to the Senate as one of nine nominees of the Fijian government.
The National Federation Party is a Fijian political party founded by A.D. Patel in November 1968, as a merger of the Federation Party and the National Democratic Party. Though it claimed to represent all Fiji Islanders, it was supported, in practice, almost exclusively by Indo-Fijians whose ancestors had come to Fiji, mostly as indentured labourers, between 1879 and 1916.
The United Fiji Party won 18 of the 23 seats reserved for ethnic Fijians and one of three "general electorates" set aside for Fiji's European, Chinese, and other minorities. It also won 13 of the 25 "open electorates," so-called because they are open to candidates of any race and are elected by universal suffrage. The remaining 5 ethnic Fijian seats, and one open electorate, were won by the Conservative Alliance, one of whom was George Speight who had led the putsch against the lawful government the year before. Chaudhry's Labour Party won all 19 Indo-Fijian seats and 9 open electorates. The New Labour Unity Party, formed by defectors from the FLP, won one general electorate and one open electorate. The three remaining seats (one general electorate, one open electorate, and the Rotuman Islanders' seat) were won by minor parties and independent candidates.
"General Electors" is the term formerly used in Fiji to identify citizens of voting age who belonged, in most cases, to ethnic minorities. The 1997 Constitution defined General Electors as all Fiji citizens who were not registered as being of Fijian, Indian, or Rotuman descent. Also included were citizens who did qualify to be registered in the above categories, but who chose not to be. Persons of biracial or multiracial ancestry could opt to enroll either as General Electors, or as descendants of any of the other three groups to which they had an ancestral claim. General Electors were thus a diverse electorate, whose members included Europeans, Chinese, Banaban Islanders, and many smaller groups. They were allocated 3 seats in the House of Representatives, the lower and more influential house of the Fijian Parliament.
The Conservative Alliance was a right-wing political party in Fiji, and a member of the ruling coalition government. It was commonly known as the CAMV, a combination of the initials of its English and Fijian names. At its annual general meeting on 17 February 2006, the party voted to dissolve itself and merge with its coalition partner, the Soqosoqo Duavata ni Lewenivanua (SDL). The President of the party at the time of its dissolution was Ratu Tanoa Cakobau, a Bauan chief, while Ratu Josefa Dimuri served as General Secretary. For legal reasons, Parliamentary members of the disbanded party maintained a separate caucus in the House of Representatives, under the leadership of Ratu Naiqama Lalabalavu, until the end of the parliamentary term, on 27 March 2006.
George Speight, occasionally known as Ilikini Naitini, is a Fijian businessman. He was the leader of the Fiji coup of 2000, in which he and an elite unit of Fiji's military detained thirty-six members of parliament and held them hostage from May 19, 2000 to July 13, 2000. He is serving life imprisonment for his role in the coup.
| Parties | Votes | % | Seats |
|---|---|---|---|
| Fiji Labour Party | FLP | 34.8 | 27 |
| Soqosoqo Duavata ni Lewenivanua (United Fiji Party) | SDL | 26.0 | 32 |
| National Federation Party | NFP | 10.1 | 1 |
| Conservative Alliance (Matanitu Vanua) | MV | 9.9 | 6 |
| Soqosoqo ni Vakavulewa ni Taukei | SVT | 5.5 | - |
| New Labour Unity Party | NLUP | 4.5 | 2 |
| Bei Kai Viti | BKVi | 2.2 | - |
| Fijian Association Party | FAP | 1.3 | - |
| Party of National Unity | PANU | 1.2 | - |
| United General Party | UGP | 0.5 | 1 |
| Non-partisans | - | 2.7 | 2 |
| Total (turnout 78.9 %) | 71 | ||
| Source: UNDP | |||
Controversy continued after the 2001 election, with Prime Minister Qarase finding reasons, which many considered to be pretexts, for not implementing the power-sharing provisions of the Constitution, which required that every political party with more than 8 seats in the House of Representatives must be proportionally represented in the Cabinet. On 18 July 2003, the Supreme Court of Fiji ruled that Qarase's exclusion of the Labour Party from the Cabinet was unconstitutional, and demanded that the situation be rectified. Appeals, counter-appeals, and negotiations delayed the implementation of the order. In June 2004, the Supreme Court ruled that the Labour Party was entitled to 14 out of 30 Cabinet posts. Qarase has said that he would abide by the ruling, but his refusal to include Chaudhry in the Cabinet lineup continued to stall negotiations, until the FLP announced in November that it was no longer interested in participating in the Qarase-led government.
The House of Representatives was the lower chamber of Fiji's Parliament from 1970 to 2006. It was the more powerful of the two chambers; it alone had the power to initiate legislation. The House of Representatives also had much greater jurisdiction over financial bills; the Senate could not amend them, although it might veto them. Except in the case of amendments to the Constitution, over which a veto of the Senate was absolute, the House of Representatives might override a Senatorial veto by passing the same bill a second time, in the parliamentary session immediately following the one in which it was rejected by the Senate, after a minimum period of six months.
The Cabinet of Fiji is the Fijian Government's body of Ministers. It is appointed by the Prime Minister of Fiji and responsible to the Parliament of Fiji. The Cabinet's constitutional basis is sections 90 to 96 of the 2013 Constitution of Fiji.
The Supreme Court of Fiji is one of three courts established by now-defunct 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 Supreme Court. In this respect, the Supreme Court takes over the functions formerly performed by the United Kingdom's Judicial Committee of the Privy Council before Fiji became a republic in 1987.
