Charter For Fiji

Fiji

Radical New Charter For Fiji

Fiji Tunes editor Vijendra Kumar dissects Fiji’s draft Constitution a document that has already attracted controversy.

ANEW Constitution that gives

ethnic Fijians political sup

remacy appears certain to be

promulgated by presidential decree

within the next two or three months.

The deposed National Federation

Party-Labour Coalition has rejected

outright the draft constitution the in terim government published in early October: Coalition leader Dr Timoci Bavadra has described it as discrimina tory, not only against the Indian com munity but also against certain sec tions of the Fijian population.

The proposed constitution creates a unicameral chamber of 67 to 71 mem bers. Of these, 36 will be Fijians 28 elected by the 14 Fijian provinces and eight nominated by the Great Council of Chiefs. One of the eight nominees will have to be the commander for the armed forces: it is assumed this is to ensure that the army chief not only has a seat in Parliament but continues to hold the Home Affairs portfolio,

presently held by Major-General

Sitiveni Rabuka. Indians will have 22 seats, Rotumans one and ‘general elec tors’ (Europeans, Chinese and other

minority groups) eight.

In addition, the Prime Minister will have the right to nominate four more, from one or more ethnic communities, to his cabinet; those nominated will also become full members of the House.

All voting will be strictly on com munal rolls: that is, each ethnic group will elect its own representatives. This represents a departure from the abro gated 1970 Constitution, which allowed almost half the seats to be contested on cross-racial voting in what were known as national consti tuencies. People of all races had the right to vote for members from diffe rent communities in these constituen cies.

From colonial days, the Fijian population has been divided into 14 provinces for administrative purposes.

Each province has its own local coun cil. Now the 14 provinces will become Fijian constituencies as well: except for three provinces, all others will elect two members each to the new parlia

ment. The largest province of Ba will elect four and the two smallest Namosi and Serua one each.

It is not yet clear how the provinces will vote. People from different pro vinces are scattered all over the country; will they be able to vote for provincial candidates where they now live, or will they have to return to their ‘home’ provinces. Electoral reg ulations still to be drawn up will, it is

hoped, clarify the procedure.

Some Fijian people have expressed

reservations about provincial consti

tuencies. Many Fijians, while they have

a natural interest in the welfare of their home areas, will have no repre sentatives of their own for their pre sent place of domicile. However, most Fijians have expressed support for the draft constitution because it meets the

objectives of last year’s military coups

ensuring Fijian paramountcy m

Parliament.

Opposition has come largely from Indians, who say the draft constitution reduces them to virtual second-class citizens. It takes away the equality granted them in the 1970 constitution Handed down by the departing British colonial rulers.

The 104-page draft retains large sections of the 1970 constitution that deal with such matters as the Judica ture, the Ombudsman, finance and miscellaneous administrative details.

But there are several new features be sides the changes in the composition and structure of the parliament.

There is a new chapter on Fijian and Rotuman interests that provides for the protection and enhancement of the interests and rights of those groups. It says it shall be the responsi bility of Parliament and government to “promote and safeguard the in terests and aspirations” of these two communities so their cultures, tradi tions, social, educational and economic well-being are catered for.

The draft retains an independent

Judiciary but creates special Fijian

courts which existed under the Col onial Government, albeit with limited powers to deal with lawlessness and petty offences in Fijian villages. There

are only two sentences dealing with the Fijian courts, and they say in effect that Parliament will create them, prescribe their jurisdiction and powers and also determine the qualifications and tenure of their presiding officers.

Among emergency powers given to the President is the power to issue a proclamation of emergency if a situa tion arises considered prejudicial to the security of Fiji. Parliament will have to be summoned as soon as

possible to promulgate special laws to

meet the emergency. The draft retains the office of the Leader of Opposi tion, but the provision in the old con stitution requiring consultation with the Opposition on several matters of bipartisan interests has been removed.

In short, there may not be much dis cussion or consultation between the Government and the Opposition.

To prevent any kind of action against the military or other disci plined forces involved in the coups last year, the proposed constitution in corporates immunity for them from either criminal or civil prosecution.

Neither can anyone claim compensa tion from the state for any injury or damage to person or property caused during the violent events of last year.

Indians are concerned about what they perceive as the loss of secularism that formed the basis of the old con stitution. The new constitution says Fiji shall be a sovereign republic and shall uphold the “teachings of the Lord Jesus Christ”. Though the Bill of Rights in the draft guarantees reli gious freedom, Fiji’s Indians see an apparent contradiction between these guarantees and the founding princi

ples of the republic.

The charter on fundamental rights and freedom of the individual is essentially the same as in the 1970 constitution, and the interim govern ment has chosen this as its major sell ing point for the new charter.

The draft is presently before an advisory committee that has been asked to review it and to receive sub missions from the public. But recent statements by both Prime Minister Ratu Sir Kamisese Mara and coup leader Major-General Sitiveni Rabuka have made it clear few major changes, will be entertained. Both have said a rejection could see the army taking over government once again.

Hidden in the draft is probably the target date for the promulgation of the constitution. December 5, 1988 is the likely date, since a clause in the draft says all laws in force on that day shall become laws of the country under the new constitution.

After the advisory committee has made its recommendations the draft

will go before the Great Council of Chiefs. Once it has given its seal of approval the President, Ratu Sir Penaia Ganilau, will publish a decree giving effect to the constitution which will clear the way for elections some time next year. □

First Draft Fiji Constitution As

Agreed To By The Cabinet

Committee On The Constitution

Preamble

WHEREAS the people of Fiji have ex pressed their desire to have a new Con stitution for the advancement of their beliefs, rights and freedoms to replace the Constitution under which they attained Independence on 10th Octo ber 1970: AND WHEREAS they freely accept that it is desirous that the constitution of 1970 be replaced so that the will of the people may be truly set forth and

their hopes, aspirations and goals be

achieved and thereby enshrined: AND WHEREAS they re-affirm that the nation is founded upon principles that acknowledge the Deity and the teachings of the Lord Jesus Christ, the importance and place of the family in a free society with free institutions and unalterable and unalienable belief and faith in the fundamental rights and freedoms with which all brethren in the fellowship of men are possessed.

AND WHEREAS they re-con firm that Fiji is a democratic society in which all peoples may to the full extent of their capacity play some part in the institu tions of the national life and thereby develop and maintain due deference and respect for each other and the rule of law: AND WHEREAS they re-affirm that the indigenous people of Fiji are en dowed with their lands and the right to govern themselves for their advance ment and welfare: AND WHEREAS they re-assert their

recognition that the indigenous people

of Fiji in respecting the rights of their brethren to live in harmony are entitled to due deference to their customs and traditional way of life.

AND WHEREAS they reiterate their recognition that people and institutions remain free only when and for so long as freedom is founded upon respect for the spiritual and moral values of each other and a mutual observance of the rule of law . . .