Tutorial and Workshop: Week 11
Question 1: What were the major factors that led to the review of the 1990 Constitution and how it was formulated?
- The 1990 constitution was basically imposed on the people and in the face of the unanimous opposition of one major community, the Indo-Fijians, along with considerable opposition from others. The new constitution rejected multiracialism in favour of Fijian dominance and attempted to close constitutional loopholes that might have frustrated the goal of ensuring Fijian supremacy for all time. It reinforced the segregation of races and the political subordination of Indo-Fijians. Finally, it aimed at the enhanced dominance of purely Fijian institutions over the state. The new constitution retained the parliamentary system of government and a bicameral legislature, though with significant changes meant to guarantee Fijian dominance. No cross-voting seats were provided for, so all representation became communal. In the seventy-member House of Representatives, thirty-seven seats were reserved for Fijians; this meant that they would not need to make alliances with any other community in order to form a government. Rabuka was appointment with the support of the Indian led FLP who exacted from him promise of a speedy review which the 1990 constitution had also mandated. The constitution was review within 7years and Several Fijian leaders and senior military commanders wanted readmission to the Commonwealth, so they need to establish Commonwealth standards of human rights and governance before re-admission could be considered. Review of Constitution: 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. Team of Review of 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 Rotumans people.
Question 2: What are the major points of 1990 and 1997 Constitutions?
1990
- It abolished all form of non-racial voting
- The constitution was to exclude of Indo-Fijian party forming a government
- Constitution was favoring Fijian and racial discrimination
- Only the Chief will be able to take the position of President and the Fijian will only be Prime Minister
1997
- The President is appointed by the GCC
- The 1997 Constitution was constructed through a process, insisted upon by the Indo-Fijians that distinguished it from any previous practice in Fiji.
- The third constitution of our narrative was the product of the recommendations of the Reeves commission as amended and approved by a parliamentary select committee