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Chapter 1: The State. The first
chapter of the Fijian
Constitution is titled The State. It is divided
into five sections, which summarize briefly how the
nation of Fiji sees itself.
Section 1 states that "The Republic of the
Fiji Islands is a sovereign, democratic state."
This underscoring of Fiji's commitment to democracy
comes against the backdrop of political instability
that has sometimes plagued Fiji, resulting in two coups
d'etat prior to the adoption of the constitution, and
a third since.
Sections 2 and 3 deal with the place of the Constitution.
The Consitituion is declared to be "the supreme
law of the State," and laws inconsistent with it
are prohibited. In interpreting the Constitution, individual
clauses are to be interpreted in the context of the
Constitution as a whole, as well as the context in which
the constitution was drafted. Any interpretation is
required to consider any developments that may have
taken place, subsequent to the adoption of the Constitution,
in the understanding and promotion of particular human
rights.
Section 4 establishes three official languages:
English, Fijian, and Hindustani.
This was a new development; previously, only English
had enjoyed official status. Elevating Fijian and Hindustani
(an umbrella term used to cover both Hindi and Urdu)
to the status of official language served two purposes:
it was aimed at assuaging the fears of indigenous Fijians,
alarmed by the many political concessions made to Indo-Fijians
(also known as Fiji Indians, or, especially in Fiji
itself, as just Indians) elsewhere in this Constitution,
and was also intended as a message to Indo-Fijians that
they were being recognized as equal partners in the
nation.
English is declared to be the language of the Constitution;
translations in Fijian and Hindustani have been made,
but in the case of any perceived discrepancy among the
versions in the three languages, the English version
prevails.
Every person (whether a Fijian citizen or not) is granted
the right to communicate with any organ of government,
at both the national and local level, in any of the
three official languages, "either directly or through
a competent interpreter."
Section 5 codifies the relationship between religion
and the Fijian State. It declares that "Although
religion and the State are separate, the people of the
Fiji Islands acknowledge that worship and reverence
of God are the source of good government and leadership."
This statement is a compromise. Fiji has a strong fundamentalist
Christian lobby which campaigned for the Constitution
to establish Christianity as the official religion of
the State (and has since continued to agitate for a
constitutional amendment to that effect). This is completely
unacceptable to many Indo-Fijians, only six percent
of whom are Christians. The debate has racial and political
overtones; with some exceptions, many of those campaigning
to enshrine Christianity in the Constitution have been
identified with movements advocating ethnic Fijian political
supremacy. Most mainstream parties on both sides of
the ethnic divide, however, agreed that a constitutional
clause calling for "worship and reverence of God"
was broad enough to encompass interpretations acceptable
to Hindus and Moslems, as well as Christians.
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