Chapter
1 | Chapter
2 | Chapter 3
| Chapter 4 | Chapter
5 | Chapter 6 |
Chapter 7 | Chapter
8 | Chapter 9 | Chapter
10 | Chapter 11 |
Chapter 12 |
Chapter 13 | Chapter
14 | Chapter 15 |
Chapter 16 | Chapter
17 |
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| Chapter 2 - Compact |
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The second chapter of the Fijian
Constitution contains Sections 6 and 7 of the Constitution.
They summarize, in "compact" form, the intent
and purpose of the Constitution, as well as the goals
that it seeks to accomplish. It establishes the principles
on which the Fijian government are to be based, and
according to which the Constitution is to be interpreted.
Section 6 sets out the following principles.
They are only a summary; they are dealt with more fully
by subsequent chapters of the Constitution.
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The rights of all individuals
and population groups are to be respected fully.
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Property ownership is defined,
and protected. The ownership of Fijian land according
to Fijian custom is preserved, along with the ownership
of freehold land. The rights of landlords and tenants
under leases of agricultural land are formally recognized
and protected. Indigenous Fijians insisted on this
clause, fearful that a future government dominated
by Indo-Fijians might try to change the land laws,
under which more than eighty percent of the land
is still owned by Fijian tribes, but leased by individuals,
including Indo-Fijians. The fear of forced land
reform had been one of the pretexts given by instigators
and supports of the revolution of 1987, which removed
an Indo-Fijian supported government from power.
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The right of all Fijian citizens
"to practice their religion freely and to retain
their language, culture and traditions" is
guaranteed. These rights safeguard both indigenous
and Indo-Fijian culture; many ethnic Fijians sought
a provision to safeguard their strongly Christian
traditions from possible future Indo-Fijian attempts
at Hinduization if they should gain political power,
while many Indo-Fijians were alarmed by the efforts
of fundamentalist Christians to enshrine Christianity
in the Constitution as the official religion of
the republic, a goal that some Christians have continued
to push for since. This Compact enunciates a compromise
that is repeated throughout the Constitution: although
laced with references to Christianity, the constitution
carefully protects the rights of all Fiji citizens
to profess, practice both privately and publicly,
and propagate all religions. The language provisions,
too, benefit both major population groups. Increasing
use of English, especially among the younger generation,
has concerned leaders of both the indigenous and
Indo-Fijian communities that a future government
might mandate an English-only education system,
which, they fear, would lead to the demise of their
own languages. But while English is the main language
of most schools, the right of parents to choose
schools teaching in Fijian or Hindustani - or any
other language - is protected by the Constitution.
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The "separate" administrative
systems - in other words, the traditional chiefly
systems - of the Fijian and Rotuman people are preserved.
The purpose of this is two-fold. Many ethnic Fijians
see the rule of their chiefs, each of whom heads
a matagali, or clan, as a bulwark against domination
by non-Fijians. Although similar in some respects
to the British Peerage system, it is closer to the
people, as almost all ethnic Fijians are somewhat
closely related to a Ratu (chief), whose power therefore
gives the entire clan a direct voice in politics.
The second provision, for the Rotuman administrative
system, was to assuage the fears of the Rotuman
Islanders of political and cultural domination by
the other population groups. Related more closely
to the New Zealand Maoris and other Polynesian peoples
than to the Fijians, who are predominantly Melanesian,
and numbering only ten thousand, about 1.2 percent
of Fiji's total population, they wanted their cultural
identity protected, along with a degree of political
autonomy. In 1987, following the revolution, Rotuman
secessionists had tried to organize a bid for independence
from Fiji. This clause in the Compact may be seen
as an attempt to placate them.
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All Fiji citizens, of whatever
ethnic background, are guaranteed equality before
the law. Their right to make their permanent homes
in the Fiji Islands is also protected. Every Fiji
citizen is guaranteed the right to form or join
a political party, to participate in electoral campaigns,
and to vote and hold political office. Elections
to the House of Representatives are to be free,
fair, by secret ballot, and ultimately on the basis
of equal suffrage. This was to redress the grievances
of the Indo-Fijian community that under the previous
constitution (adopted in 1990), the allocation of
specific numbers of seats to particular ethnic communities
had greatly overrepresented ethnic Fijians, at their
expense.
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A government (executive) must be
formed that has the support of a majority in the
House of Representatives. Inclusion of a particular
political party in the Cabinet (executive) depends
on the electoral support for that party in the most
recent election. No political party, however, may
be forced to participate in the Cabinet against
its will.
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In the formation of a government,
and in the promotion of legislation or the implementation
of administrative policies, full account must be
taken of the interests of all communities. In the
event of a perceived conflict in the interests of
the different communities, all interested parties
are required to negotiate in good faith with a view
to reading agreement. In all such negotiations,
however, "the paramountcy of Fijian interests
as a protective principle continues to apply, so
as to ensure that the interests of the Fijian community
are not subordinated to the interests of other communities.
In other words, the interests of all communities
must be taken into account and negotiated over,
but in the event of a deadlock, indigenous Fijian
interests prevail.
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Affirmative action and social justice
programs are to be set up, in order to secure "effective
equality of access to opportunities, amenities or
services for the Fijian and Rotuman people, as well
as for other communities, for women as well as men,
and for all disadvantaged citizens or groups."
Such programs must be based on "an allocation
of resources broadly acceptable to all communities."
This provision for affirmative action is meant to
guarantee equality of opportunity, not equality
of results. There is a widespread perception among
ethnic Fijians that most of the nation's wealth
is in Indo-Fijian hands, and this clause was written
partly to allay their fears. It is not race-specific,
however: the poor of all communities are intended
to benefit.
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Equitable power-sharing must be
not only political, but also economic and commercial.
The granting of equal political rights to Indo-Fijians
must be matched by an economic empowerment of indigenous
Fijians, "to ensure that all communities fully
benefit from the nation's economic progress."
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Section 7 deals with the application
of the Compact. The principles referred to in section
6 are a statement of intentions, only. They may not
be used justiciably; they may not be used as a basis
for ruling a law to be constitutional or unconstitutional,
unless they are included in other provisions of the
Constitution, or in a law made under the constitution.
They are intended, however, to serve as a frame of reference
for interpreting the whole constitution.
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Chapter
1 | Chapter
2 | Chapter 3
| Chapter 4 | Chapter
5 | Chapter 6 |
Chapter 7 | Chapter
8 | Chapter 9 | Chapter
10 | Chapter 11 |
Chapter 12 |
Chapter 13 | Chapter
14 | Chapter 15 |
Chapter 16 | Chapter
17 |
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