Fiji’s Constitution: A Blueprint for Peace and Prosperity

Nation must work together for the common good

As we celebrate Constitution Day on Monday September 9, I look through our nation’s tumultuous journey to discover its soul and discuss our Constitution that protects iTaukei land and cultural rights, nurtures multicultural harmony and facilitates prosperity. While we hold divergent views, we should all learn to work together for the common good of our nation.

As we reflect on our nation’s current situation, we realize that we have come a long way from the painful memories of 1987. We are resilient and have the capacity to live peacefully together in a multicultural nation made up of many races and Faiths. We have had seven continuous years of national economic growth. The Asian Development Bank recently noted that Fiji’s GDP is expected to grow by 3.2% in 2019 and 3.5% in 2020. The Constitution provides an affirming framework for empowering Fijian citizens to put aside their differences and to work together. As a citizen you should pay your taxes, be law abiding, and exude the friendliness that Fiji is known for (to everyone and not just your friends).

The First Constitution

The first Constitution Fiji had after Independence from Britain in 1970 was not very different from the one put in place by the British colonisers in 1966. Voting was done according to one’s race and one voted as an iTaukei, Fiji-Indian, or General voter, if one had mixed ancestry. Power was in the hands of the iTaukei in partnership with the General Electors so long as there was unity amongst the iTaukei. Since 1970, our national leaders have generally been men and women of goodwill who worked in sincerity to formulate constitutions that were in the best interest of the nation. Perhaps they were victims of the times they lived in, trapped in the mindset that a race-based framework was the way to go. They worked to patch the racial fissures and expediency often took precedence over multiracial considerations. While they articulated sentiments on the importance of a multiracial Fiji, political parties had to keep their power bases, their supporters happy. These supporters included the elite that were tightly knit through ‘old boys’ or ‘old girls’ schools’ networks. When upheaval reared its ugly head, the rabble rousers could count on the disaffected grassroots people for support given that national development often ignored them. It is the nature of capitalism that the elites usually benefit and the masses languish in poverty unless visionary leaders see the light of empowering the oppressed and disempowered.

Constitutional crises

The first constitutional crisis Fiji uncounted was in 1977, when the National Federation Party (NFP) won the parliamentary elections. A caretaker government was put in place with new elections called in September of that year after leadership divisions erupted within the NFP and this resulted in its hesitation to form the Government.

Fiji’s first and second coups came in 1987. The first in May 1987, removed the Bavadra led government. In October 1987, the second coup did away with Queen Elizabeth II as the Head of State. In 1990 the then interim government put in place a new Constitution which aimed at strengthening iTaukei control of Fiji. In 1992, Rabuka’s Party won the parliamentary elections and he became Prime Minister under the 1990 Constitution. He was able to form a Government with the help of the Fiji Labour Party.

Legal Loophole on iTaukei Land

In 1995, a Constitutional Review Commission was set up and the 1997 Constitution came to fruition as a result of that process. One of the issues in the 1997 Constitution was that despite “entrenched Provisions,” iTaukei land could be permanently alienated from its owners through a legal loophole that allowed iTaukei land to be converted to State land and then to freehold land through land swap deals. In June 2006, iTaukei land in Momi was converted into freehold land title and then transferred to a private company as part of a land swap deal. The 1997 Constitution tried to balance ethnic representation and resulted in the election of Fiji's first Fijian of Indian descent Mahendra Chaudhry in 1999. However, tensions resulted in a civilian coup led by George Speight in 2000. An interim government led by Laisenia Qarase was set up. Itaukei’s dominated this new interim government. The national elections of 2001 resulted in the Qarase Government coming into power.

The violent ethnic Fijian putsch led by George Speight was very devastating for Fiji and Frank Bainimarama had to form an interim government for 3 months in May-July 2000 to neutralize the rebels. It was assumed that given the nationalistic coup by Speight that Qarase would move away from a race-based stance towards a multiracial manifesto. This was not to be. Bainimarama criticised Qarase for the early release of the perpetrators of the 2000 coup. Bainimarama was against Qarase organising a week of religious and cultural services in October 2004 where coup perpetrators would apologise culturally and spiritually. In May 2005, Bainimarama said he was against Qarase’s proposed Reconciliation and Unity Commission that would have powers to provide compensation to victims and amnesty to perpetrators of the coup. In 2005 Bainimarama warned that Qarase’s was taking Fiji into the anarchy experienced in 2000 and that decisive action would be taken against any ‘destabilisers.

On December 5, 2006 the President signed legal papers dissolving the government out of necessity. On 6 December 2006 was formally appointed Interim Prime Minister by President Josefa Iloilo. He stepped down in April 2009 and was reappointed by the President who had assumed governing powers.

2013 Constitution

In 2013, Fiji adopted a new Constitution after a two-year consultation process.  Bainimaramara described the country’s tumultuous history as “a vicious pattern (of) elections followed by ineffective governance, followed by coup, followed by elections and then another coup, with the cycle continuing and Fiji’s overall situation regressing further and deeper.”

Like St Paul on the Road to Damascus, Mr Bainimarama saw the light of an enduring vision. The nation could not keep sustaining a culture of ethnic divisions coupled with upheavals. A Constitution was required that would protect iTaukei identity, cultural and land rights; nurtured multicultural rights and promoted prosperity. Fiji's fourth constitution was signed into law on September 6, 2013.

Protections and Rights

The 2013 Constitution upholds the legal and moral basis of a common and equal citizenry without denying anyone’s individuality or culture. It enshrines principles such as an independent judiciary, a secular state and a wide range of civil, political and socio-economic rights. Citizens have guarantees of free education, adequate housing and health care, social security, clean water and protection of the environment. They also have a right to economic participation and reasonaable minimum wages. For the first time, the Constitution protects the rights of disabled Fijians. It recognizes the iTaukei, Rotuman and Banaban peoples of Fiji and their customary practices; and ensures protection of their land rights; ensures protection for the rights of tenants; demands accountability and transparency from Government officials; creates strong and independent institutions such as FICAC; and replaces the old electoral system with one based on the principle of one person, one vote, one value.

Security of iTaukei Land

Under the Constitution, the protection and ownership of iTaukei land is secure. Section 28 of the Constitution expressly states that the ownership of ALL iTaukei, Rotuman and Banaban lands shall remain with the customary owners and shall NOT be permanently alienated whether by sale, grant, transfer or exchange. If iTaukei lands are required by the State for a public purpose, for example; if the State wants to build a road or a reservoir, then the State can use land for that purpose. This provision has been in our laws even before Independence, and has been included in all of Fiji’s constitutions after independence including the 1997 constitution.

Under the 2013 Constitution, the State can only use land for a public purpose if it pays landowners fair and just compensation at the time of acquisition. (Section 27) If land which has been used for a public purpose, is no longer required by the State, then that land MUST be returned to its customary owners as stated in (Section 28(4)) Landowners are now entitled to receive a fair share of royalties or money paid to the State for the extraction of minerals from the land or seabed (mining) in fishing right areas. (Section 30)

Protection of Chiefly System

The 2013 Constitution protects the existence of Chiefs and the Chiefly system. Chiefs still very much wield power in the Vanua and retain their mana and authority under the Constitution. While individual chiefs are free to stand for Parliament, the chiefs as a whole are now above politics. They can concentrate on their traditional duties and roles of looking after the interests of their people. They maintain the trust of the people because of their leadership qualities and by setting an example to everyone with the highest standards of personal conduct. In that enduring capacity, they have a treasured place in the Vanua and in the nation as a whole.

As we celebrate Constitution Day, let us all work together for the common good of the nation and contribute constructively to its ethos and prosperity.

(Joseph Veramu is CEO of CLCT Integrity Fiji and Dean of SPICIAS. He can be contacted on joseph.veramu@outlook.com)