Constitution of Fiji 1997

Constitution of Fiji 1997
Name	Constitution of Fiji 1997
Jurisdiction	Fiji
Date commenced	1997
Date repealed	2009
System	Parliamentary representative democratic republic
Head of state	President of Fiji
Head of government	Prime Minister of Fiji
Chambers	Parliament of Fiji
Courts	High Court of Fiji

Constitution of Fiji 1997 was the supreme law enacted in Fiji in 1997 to replace the Constitution of Fiji 1990 and to address ethnic and political tensions between indigenous iTaukei and Fijian Indian communities. Drafted after the 1995-1996 Constitution Review Commission process and promulgated under the presidency of Ratu Sir Kamisese Mara, it aimed to balance communal representation with individual rights and modernize institutions such as the Electoral Commission (Fiji), the Office of the Attorney-General, and the judiciary including the High Court of Fiji and the Court of Appeal of Fiji. The document influenced domestic actors including the Fijian Political Parties and regional organizations such as the Pacific Islands Forum and the Commonwealth of Nations.

Background and Drafting

The 1997 Constitution emerged from tensions after the 1987 Fijian coups d'état and from criticisms of the Constitution of Fiji 1990 by groups like the National Federation Party, the Fiji Labour Party, and civic organizations including the Citizens Constitutional Forum. A Constitutional Review Commission chaired by Sir Paul Reeves consulted with bodies such as the Great Council of Chiefs, trade unions affiliated with the Fiji Trades Union Congress, religious leaders from the Methodist Church of Fiji and Rotuma and representatives of migrant communities from Rotuma and China. Negotiations involved political leaders including Sitiveni Rabuka and Mahendra Chaudhry and international advisers from the United Nations Development Programme and the Commonwealth Secretariat. The final draft sought compromise between communal electoral rolls endorsed by the Great Council of Chiefs and the multiethnic aspirations of urban constituencies in Suva and Nadi.

Key Provisions

The Constitution created a mixed electoral system combining communal and open seats in the Parliament of Fiji, reformed the appointment and powers of the President of Fiji and the Prime Minister of Fiji, and established an independent Electoral Commission (Fiji)]. It enshrined a Bill of Rights, outlined tenure for judges of the High Court of Fiji and the Supreme Court of Fiji, and provided for the establishment of an independent ombudsman analogous to models in the United Kingdom and Canada. Financial and administrative powers were apportioned between central institutions and provincial structures such as the Fijian Affairs Board, while provisions addressed citizenship in relation to migration from India and China and recognized customary land tenure overseen by the Native Land Trust Board. The document also delineated powers for entities like the Fijian Affairs Board and mechanisms for emergency powers comparable to provisions in the Constitution of Australia.

Rights and Fundamental Freedoms

The Bill of Rights within the Constitution guaranteed civil and political protections including freedoms of assembly and expression similar to provisions in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which Fiji had engaged with institutions such as the United Nations Human Rights Committee. It forbade discrimination on grounds linked to identity groups such as iTaukei, Fijian Indian, Rotuman people, and other resident communities, and provided guarantees for property rights tied to customary holdings administered by the Native Land Trust Board. Provisions touched on language and cultural protections relevant to the Hindi language and iTaukei language and addressed rights recognized by regional instruments like the Pacific Islands Forum declarations.

Government Structure and Institutions

The constitutional architecture established a Westminster-style, parliamentary system with a Parliament of Fiji drawn from single-member and national constituencies, an executive led by the Prime Minister of Fiji, and a largely ceremonial President of Fiji with reserve powers. Judicial independence was reinforced for the High Court of Fiji and appellate courts, patterned on models from the Judicial Committee of the Privy Council era and informed by practice in the Commonwealth of Nations. Institutions for oversight included the Electoral Commission (Fiji), the Ombudsman of Fiji, and the Human Rights Commission of Fiji, which interacted with civil society actors like the Citizens Constitutional Forum and the Fiji Women’s Rights Movement.

Amendments, Repeal and Legal Challenges

Amendment procedures required supermajorities in the Parliament of Fiji and consultations with bodies such as the Great Council of Chiefs for entrenched provisions, producing contested debates in the House of Representatives of Fiji. The Constitution became the subject of legal challenges in the High Court of Fiji and the Court of Appeal of Fiji following political crises, most notably the 2000 Fijian coup d'état and later the 2006 Fijian coup d'état led by Frank Bainimarama. In 2009, after rulings by the judiciary and actions by the President of Fiji, the 1997 document was abrogated and superseded by subsequent legal orders, provoking litigation involving actors such as the International Commission of Jurists.

Political and Social Impact

During its life the Constitution shaped party strategies for the Fiji Labour Party, the SODELPA movement, and the Soqosoqo Duavata ni Lewenivanua coalition, influencing electoral alliances in urban centers like Suva and rural provinces managed by traditional leaders including those represented in the Great Council of Chiefs. It affected land policy overseen by the Native Land Trust Board, communal representation for the iTaukei and Fijian Indian populations, and civil society campaigns by organizations such as the Fiji Women’s Rights Movement and the Citizens Constitutional Forum. Its suspension disrupted relations with regional partners including the Pacific Islands Forum and prompted debates in forums such as the Commonwealth Heads of Government Meeting.

Reception and International Response

International reactions combined concern and engagement: the Commonwealth of Nations and the United Nations urged restoration of constitutional order, while bilateral partners including Australia and New Zealand applied diplomatic pressure and suspension of aid pending returns to constitutional governance. Human rights organizations like Amnesty International and the International Federation for Human Rights criticized abrogation and documented impacts on freedoms protected under the 1997 text. Regional legal and diplomatic actors including the Pacific Islands Forum and the Secretariat of the Pacific Community advocated mediation, technical assistance, and legal reform informed by comparative constitutions such as those of the Cook Islands and New Zealand.

Category:Law of Fiji Category:Constitutions revoked or superseded