Q1. What were the major factors that led to the review of the 1990 Constitution and how it was formulated? [Tutorial Question]
The major factors that led to this review:
1990 constitution provided for its review within 7 years.
In the 1992 elections the leading Fijian party, led by Rabuka, required the support of the FLP, led now by an Indo-Fijian, Mahendra Chaudhry, to form the government-FLP’s price was the review.
- Economy was stagnating, and there was a widespread perception that this was due to political uncertainty and an unsuitable and contested constitution.
- pressure from Fiji’s principal bi-lateral donors, UK, Australia, New Zealand and the USA, to end its constitutional and racial crisis.
- demands of Indo-Fijians of racial discrimination and the violation of human rights in international community, so wanted to show them all progress at home.
- military commanders wanted readmission to the Commonwealth, so they need to established Commonwealth standards of human rights and governance before re-admission could be considered.
- Fiji politician realized the overfavouring of their community in the Constitution that led to rise of provincialism, disintegration of Alliance party and emergence of several Fiji parties
- Pre-dominantly Indo-Fijian party to formulate government.
- World Bank, who urged the government to initiate a reform process and to enter into dialogue with the Indo-Fijian community.
How was the constitution formulated?
In 1993 the government set up a committee of the cabinet to examine possibilities and modalities of reform. In order to enhance the credibility of the sub-committee, Rabuka persuaded leaders of the two major opposition parties, FNP and FLP, to join the committee. These two parties, despite their many differences and acute rivalry, agreed to co-operate on the question of constitutional reform. Main Elements: The terms of reference of a commission to consult the people and recommend a draft constitution, and the membership of the commission. Reform can be adopted by Parliament with approval by two-thirds of the members of each House, and the votes of a substantial Majority of Fijians in the Senate. Under the 1990 constitution both Houses had majorities of Fijians any way. The two years expired between the first initiatives of the government and the establishment of the commission.
Team of Review Constitution:
Require to review in order to promote racial harmony, national unity, economic and social advancement, imply international standards, thus they should:
Take into account that the Constitution shall guarantee full protection and promotion of the rights, interests and concerns of the indigenous Fijian and Rotuman people.
Scrutinize and consider the extent to which the Constitution of Fiji meets the present and future constitutional needs of the people of Fiji, having full regard to the rights, interests and concerns of all ethnic groups of people in Fiji.
Facilitate the widest possible debate throughout Fiji on the terms of the Constitution of Fiji and to enquire into and ascertain the variety of views and opinions that may exist in Fiji as to how the provisions of the Fiji Constitution can improved upon in the context of Fiji’s needs as a multi-ethnic and multi-cultural society.
Recommend constitutional arrangements likely to achieve the objectives of the Constitutional Review.
Q2. WHAT ARE THE MAJOR POINTS OF THE 1990 AND THE 1997 CONSTITUTION?
1990:
Majority of indigenous Fijian leaders concluded that some form of multiracial politics was necessary to secure the country's economic and political future.
The Commission concluded that progress towards sharing of executive power among all communities was the only solution to Fiji's constitutional problems and that Fiji had to make a decisive move away from a communally-based electoral system to one which encouraged the emergence of multiracial government.
Recommended that two-thirds of parliamentary seats should be open to candidates of all ethnic communities.
The new Constitution is a partial move towards multiracial government, a compromise being necessary because of a negative reaction by many indigenous Fijians.
The indigenous Fijian community will have to accept Indo-Fijians in government and the Indo-Fijian community will have to be content with a subordinate role.
The first major problem will be the land issue, which involves a clash of interests between the two communities in the very important sugar industry.
The new Constitution brought immediate diplomatic benefits to the Fiji Government, including readmission to the Commonwealth.
A multiparty Cabinet runs counter to the Westminster tradition and may not be effective when faced with contentious policy issues. The idea is designed to facilitate the formation of coalition governments.
1997:
Report to Parliament, Prime Minister Rabuka appointed a Joint Parliamentary Select Committee to examine the Commission's findings and to make final recommendations which would be incorporated into a new Constitution to be passed by Parliament by July 1997.
Review Commission that Fiji should move away from totally communal elections.
The suggested two-thirds to one-third balance between open and reserved seats has been reversed, with only one-third of seats to be elected on an open basis.
Negotiations between Reddy and Rabuka, is the provision that the Prime Minister will establish a Cabinet whose members 'as far as possible' proportionally reflect the parties represented in the House of Representatives.
The Prime Minister's first obligation will be to the parties of any formal coalition, but the Cabinet may also include other parties with at least 10 per cent of the seats in the House.
The new Constitution also embraces the idea of an appointed Senate rather than the elected body proposed by the Commission.
The 32-member Senate will comprise 14 members appointed by the Great Council of Chiefs, 9 appointed by the Prime Minister, 8 by the Leader of the Opposition and 1 by the Council of Rotuma.
The President will be appointed by the Great Council of Chiefs, but, in another significant move away from the 1990 Constitution, neither the President nor the Prime Minister are required to be of a particular ethnic background.