Discussion and Tutorial Question

WEEK 11 TUTORIAL

WEEK 11 TUTORIAL

by Lavenia Robera -
Number of replies: 0

Week 11

Tutorial Question

What were the major factors that led to the review of the 1990 constitution and how it was formulated?

 

Since gaining independence in 1970 Fiji has had many constitutions, one of which is the 1990 constitution where the interim government proclaimed a new constitution which sought to strengthen ethnic Fijian

control of the country. The major factor that led to the review of the 1990 constitution were:

  • 1990 constitution was to be reviewed within 7 years.
  • To form the government Fiji Labor party price was to review since there was a coalition government between Mahendra Chaudhry and Sitiveni Rabuka.
  • The economy was falling down due to the political upheavals. 
  • World Bank, who urged the government to initiate a reform process and to enter into dialogue with the Indo-Fijian community.
  • There was a considerable pressure from Fiji’s principal bi-lateral donors to end its constitutional and racial crisis.
  • The government wanted to show the internal progress to the world.
  • Fiji wanted readmission to the commonwealth.

 

  • Realization of over favoring of their community in the constitution formulation.

 In 1993 the government set up a committee of the cabinet to examine possibilities and modalities of reform. In order to enhance the reliability of the sub-committee, Rabuka persuaded leaders of the two major opposition parties, FNP and FLP, to join the committee. Despite their many differences and acute rivalry, the two parties 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.

 

FORUM DISCUSSION

 

What are the major points of 1990 and 1997 constitution?

 

1990 Constitution

       Gave protection to the interests of indigenous Fijians.

  • Exclude permanently any possibilities of Indo-Fijian parties forming government.
  • The constitution was biased towards rural Fijians and gave even more prominent role than in the past to the council of chiefs.
  • It abolished all forms of non-racial electorates or voting.
  • members of the House of Representatives consisted of 37 Fijians, 27 Indo-Fijians, and the rest others.
  • The senate were two-thirds Fijians.
  • The constitution mandated affirmative action in favor of Fijians.
  • Only and indigenous Fijian could be Prime Minister, and the President was appointed by Great Council of Chiefs.

 

1997 Constitution

  • Deals with the application of the Bill of rights
  • Guarantees the most fundamental rights of all.
  • Freedom from servitude and forced labor.
  • Guarantees freedom of movement.
  • Established freedom of region and belief.
  • Affirms the rights to individual privacy.
  • Guarantees the right of all person’s basic education.