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2013 Constitution of Fiji
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Fourth constitution of Fiji that came into effect in 2013
December 2022
Constitution of Fiji
The 2013 Constitution of Fiji is the fourth constitution of Fiji, signed into law by President Ratu Epeli Nailatikau on 6 September 2013, coming into effect immediately."President signs long-awaited Fiji constitution into law" Australia Network News, September 19, 2013"Fiji: New Constitution Signed into Law" Library of Congress, Global Legal Monitor, September 9, 2013 It is the first to eliminate race-based electoral rolls, race-based seat quotas, district-based representation, the unelected upper chamber, and the role of the hereditary Council of Chiefs. It vests sole legislative authority in a single-chamber, 50-seat, at-large Parliament, to be first convened following general elections in 2014.http://www.electionsfiji.gov.fj/2013-constitution/ 2013 Constitution Elections Fiji October 25, 2013 https://web.archive.org/web/20131029190448/http://www.electionsfiji.gov.fj/2013-constitution/ 2013-10-29 dead It is also the first ever to grant the right to multiple citizenship (in effect since 2009 by decree,http://www.immigration.gov.fj/index.php/navigational-aids Citizenship Fiji Department of Immigration October 25, 2013 dead https://web.archive.org/web/20131027123730/http://www.immigration.gov.fj/index.php/navigational-aids October 27, 2013 http://www.immigration.gov.fj/images/decree2009.pdf 2009 Citizenship Decree (PDF) Fiji Department of Immigration October 25, 2013 June 2017 InternetArchiveBot yes on abrogation of the 1997 constitution), and lowers the voting age to 18.
Background
Fiji's first constitution, implemented in 1970 at the time of independence from the UK, contained negotiated provisions to enshrine the political supremacy of the minority indigenous population.http://epress.anu.edu.au/?p=22441/ A Time Bomb Lies Buried: Fiji’s Road to Independence, 1960-1970 Australian National University E Press March 2008 When an Indo-Fijian dominated government was elected despite these safeguards, the 1987 Fijian coups d'état took place, resulting in even tighter measures in the 1990 constitution.
Widespread Indo-Fijian dissent, coupled with a population shift back to an indigenous majority, prompted a more inclusive approach in the 1997 constitution. This was followed by the election of the first Indo-Fijian Prime Minister, and the violent, failed civilian coup of 2000. The 2013 constitution gave Indo-Fijians equal status in the country.The legacy of Indian migration to European colonies https://www.economist.com/news/international/21727896-century-after-india-ended-system-indentured-labour-its-diaspora-building 2 September 2017 The Economist 2 September 2017
Rationale
The 2000 coup was ended by military intervention. Fifteen people died.http://content.time.com/time/world/article/0,8599,2056142,00.html George Speight Time Magazine December 25, 2000 Power was handed over to a civilian administration, which subsequently won the 2001 elections — depending for its majority on elements that had been supportive of the coup — and granted early release to several conspirators who had been imprisoned.http://epress.anu.edu.au/?p=7451/ The 2006 Military Takeover in Fiji: A Coup To End All Coups? Australian National University E Press April 2009 It also proposed legislation that would have extended amnesty to those involved (the Reconciliation, Tolerance, and Unity Bill).
This angered the head of the Republic of Fiji Military Forces, Frank Bainimarama, who spoke out against the government, formally demanded a reversal, withstood an attempt to replace him, and eventually launched his own bloodless coup in December 2006.
As Prime Minister, Bainimarama declared that the race-based electoral system — which he characterized as insulating the well-connected not only from political consequences but from justice and the law — had to be reformed before new elections were held. After months of international pressure, he announced elections for 2009, but then reversed himself,http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10552618 Bainimarama rules out elections in Fiji this year The New Zealand Herald January 20, 2009 saying that a whole new system (a new census, a new voter's list, and a new constitution) would need to be established to prevent a return to the "coup culture."
In 2008, the government-appointed National Council for Building a Better Fiji released the People's Charter for Change, Peace and Progress, which established guidelines for drafting a new constitution, and in 2012 public hearings began across the country to solicit input from the community."Fiji begins public hearings on new constitution" Australia Network News, August 6, 2012
Criticism
In 2012 the military regime appointed a constitutional commission to draft a new constitution as part of a return to democracy.https://www.rnz.co.nz/international/pacific-news/206148/fiji-constitutional-commission-sworn-in Fiji Constitutional Commission sworn in RNZ 25 July 2012 1 January 2024 In December 2012, Mosese Tikoitoga ordered all copies of the draft seizedhttps://www.rnz.co.nz/international/pacific-news/209412/call-for-transparency-after-fiji-regime-seizes-draft-constitution Call for transparency after Fiji regime seizes draft constitution RNZ 31 December 2012 1 January 2024 and demanded the prosecution of commission chair Yash Ghai.https://www.rnz.co.nz/international/pacific-news/209442/fiji-military-says-ghai-should-be-charged-over-constitution-distribution Fiji military says Ghai should be charged over constitution distribution RNZ 3 January 2013 1 January 2024 The draft was subsequently discarded and a new, military-drafted constitution imposed.
Original draft author Yash Ghai has publicly disagreed with changes in the final document, including the removal of regional representation, maintaining that it favors larger political parties.http://www.abc.net.au/news/2013-10-23/an-constitution-expert-yash-ghai-says-he-doubts-if-fiji-pm-has-/5039704 Constitutional expert Yash Ghai says he doubts if Fiji PM Frank Bainimarama has read constitution Australia Network News October 23, 2013
In August 2024 the government of Sitiveni Rabuka announced it would begin a process to amend the constitution.https://fijisun.com.fj/2024/08/05/pm-govt-starts-work-to-amend-constitution/ PM: Govt starts work to amend Constitution Fiji Sun Wati Talebula-Nuku 5 August 2024 5 August 2024
See also
People's Charter for Change, Peace and Progress
1997 Constitution of Fiji
References
30em
External links
Constitution of the Republic of Fiji - Laws of Fiji https://www.laws.gov.fj/Home/information/constitutionoftherepublicoffiji www.laws.gov.fj
Constitution of the Republic of Fiji (2013) : Pacific Islands Legal Information Institute
Constitution of
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