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Issue No: 997; 3 August 2001
The rights of indigenous Fijians are well-protected, says the President of the Fiji Labour Party Jokapeci Koroi. Koroi told the Party's Convention last week that the 19967 Constitution fully protected and safeguarded the interests and aspirations of the ethnic Fijians. She stated: The Fiji 1997 Constitution represents a profound and comprehensive commitment to the principles of equality, non-discriminatory human rights and social and economic rights. A comprehensive Bill of Rights lies at its heart including unparalleled provisions on racial discrimination and equality. Fiji's Constitution is the product of five challenging years of consensus-building and negotiations between political parties, a process brokered by the former (Fijian dominated) SVT government led by Sitiveni Rabuka. Both houses of Fiji's Parliament unanimously approved the Constitution. The singular significance that emerged from this process is the unique endorsement given by the Great Council of Chiefs in the Preamble of the Constitution. Part of the Preambles reads, "Conferred by the High Chiefs of Fiji in their abundant wisdom of their blessings and approval on the Constitution. This is unprecedented in Fiji constitutional history. I wish to highlight another feature of the Constitution; the building process was the direct participation of a wide cross-section of Fiji Society, non-governmental organisations and civil society groups. For this reason they all have an official sense of ownership and commitment to this constitution. A key objective of the 1997 Constitution is its commitment to protecting and enhancing the rights and interests of the indigenous Fijian community. Firm provisions in the constitution were made for affirmative action to reduce ethnic disparities within a specific time frame. Admittedly the Peoples Coalition Government style of leadership was different from any previous Fiji government. We were committed to working together to build a better and united Fiji. By working together we would enhance talents and ideas that can make Fiji a country, confident and ready to meet the challenges of a changing and more competitive world. The Great Council of Chiefs is given constitutional recognition and granted the sole constitutional authority to appoint the President, and its nominees in the Senate are given an absolute constitutional veto on matters affecting indigenous Fijian rights and interests including all land matters. The 1997 Constitution provides for the special entrenchment of laws affecting land and the governance of indigenous Fijian interests. Section 185 provides that any change to specific legislation such as the Fijian Affairs Act, the Native Land Trust Act and the Agricultural Landlord and Tenant Act must have the consent of at least 9 of the 14 Council of Chiefs (nominee) members. It must also be highlighted that the Compact contained in the constitution requires that when interests of different ethnic groups do not coincide, the interests of the indigenous community are deemed paramount within the compact. For the first time in Fiji history, the electoral system actively encouraged co-operation between ethnically based political parties. I cannot emphasise enough that on inter-ethnic co-operation, specific emphasis on power-sharing through a multi-party cabinet is bolstered by constitutional provision. This provision was reflected in the composition of the Peoples Coalition Government which comprised three Fijian dominated parties in addition to the multi-ethnic Fiji Labour Party. If this is not enough the Constitution contains special
provisions through its committee system to deal with any shortfall concerns or
problems related to its contents. This provides an ongoing consultative
mechanism for constitutional evolution that is open to all parties, stakeholders
and the community at large. |
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People's Coalition Government - Fiji Islands |