Eleanor Finch
Fiji has had a tumultuous political history since gaining independence from Britain in 1970, with several coups and periods of military rule. The country's first constitution was instituted in 1970 and set up a House of Representatives with separate representation for Fijians, Indians, and general voters. This constitution was suspended in 1987 after a coup d'état and was replaced by a new constitution in 1990. The 1997 constitution aimed to be more inclusive and protect against discrimination based on sexual orientation, but it was abrogated by a counter-coup in 2000. The 2006 coup led by Bainimarama resulted in another constitutional crisis and the 2013 constitution was promulgated by a military regime, bypassing community engagement processes. Fiji's most recent constitution was enacted in 2013 and has been the subject of debates around the concentration of executive power and the protection of fundamental rights.
| Characteristics | Values |
|---|---|
| Number of Constitutions since 1970 | 4 |
| First Constitution | 1970 Constitution |
| First Constitution Enacted | 9 October 1970 |
| First Constitution Signalled | Fiji's independence from Britain |
| First Constitution Features | Set up a House of Representatives with 22 seats for Fijian voters, 22 for Indian voters, and 8 for others |
| First Constitution Suspended | 1987 |
| Second Constitution | 1990 Constitution |
| Second Constitution Features | Changed the proportion of representation in parliament |
| Third Constitution | 1997 Constitution |
| Third Constitution Features | Aimed to be more inclusive, second national constitution to protect against discrimination based on sexual orientation, abrogated by Commodore Frank Bainimarama |
| Fourth Constitution | 2013 Constitution |
| Fourth Constitution Features | Gave the new prime minister and attorney-general control of judicial appointments, raised concerns about the concentration of executive power and the protection of fundamental rights |
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The 1970 Constitution
Fiji has had a number of constitutions since 1970, with the first being the 1970 Constitution. This was a product of the decolonization process that characterised the 1960s as Britain sought to give its colonies more independence. During this time, Fijians were given a greater role in the administration of the island.
Fiji faced its first constitutional crisis in 1977, when the Indo-Fijian-dominated National Federation Party (NFP) narrowly won the parliamentary elections. This led to the country's second constitutional crisis and first two coups in 1987, which resulted from ethnic Fijian concerns that Indo- Fijians dominated the government. Lieutenant Colonel Sitiveni Rabuka led the two 1987 coups. The Fijian Army raided the House of Representatives, arrested several cabinet members and the Prime Minister, and the 1970 Constitution was suspended.
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1977 constitutional crisis
Fiji has had several constitutions since 1970, with the first constitution of this period taking effect on 9 October 1970, marking the country's independence from Britain. This constitution was similar to the Colonial Constitution of 1966, with provisions that expanded the franchise beyond just Europeans and selected Indians and ethnic Fijians.
One of the most notable events during this period was the 1977 constitutional crisis, which lasted from March to September 1977. This crisis occurred after the 1977 elections, when neither of the major political parties secured a clear majority. As a result, it fell to the Governor-General to appoint a Prime Minister who could command the support of the majority of the Members of the House. The Governor-General, after a delay, appointed Ratu Sir Kamisese Mara, the Leader of the Alliance Party, as Prime Minister.
However, the crisis deepened when the newly appointed Prime Minister, Ratu Mara, failed to name a Cabinet for three days. This delay sparked speculation and accusations of sabotage within the National Federation Party (NFP). Jai Ram Reddy, an NFP parliamentarian, questioned on national radio whether his party was ready and able to form a government. These doubts further exacerbated the instability following the indecisive election results.
The 1977 constitutional crisis in Fiji was a significant event that highlighted the challenges of governing a country with a diverse political landscape. It also demonstrated the crucial role of the Governor-General in navigating constitutional complexities and maintaining stability during times of political uncertainty.
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1997 Constitution
Fiji has had three constitutions since 1970. The first was enacted in 1970, coinciding with the country's independence from Britain. This constitution established a House of Representatives with 22 seats each for voters registered as Fijian or Indian, and 8 seats for voters registered as neither.
The 1970 Constitution was suspended in 1987 after the Fijian Army raided the House of Representatives, arresting several cabinet members and the Prime Minister, Timoci Bavadra, in the first of two coups d'état that year. This was due to the formation of a cabinet that included a majority of Indian cabinet members, whereas prior cabinets had only included a small number.
The second constitution was adopted in 1990, changing the proportion of representation in parliament to include 37 Fijian members.
The third constitution, known as the 1997 Constitution, was established to balance ethnic representation in the Fijian government. It led to the election of Fiji's first Indo-Fijian Prime Minister, Mahendra Chaudhry, in 1999. The Constitution (Amendment) Bill 1997 was passed by the House of Representatives on 3 July 1997, and by the Senate on 10 July. President Mara signed it into law on 25 July 1997, and it took effect from 27 July.
Under the 1997 Constitution, ethnic Fijians agreed to give up their guaranteed majority in the House of Representatives and their monopoly on the Prime Minister's office. In return, their ownership of most of the land was written into the constitution, and their rights were protected by the institutionalisation of the Great Council of Chiefs, which retained its power to elect the President and 14 of the 32 Senators. This constitution was only the second in the world, after South Africa's in 1996, to explicitly protect against discrimination based on sexual orientation.
The 1997 Constitution was abrogated by Commodore Frank Bainimarama, who organised a counter-coup to neutralise a civilian coup d'état led by George Speight in 2000. In March 2001, the Court of Appeal of Fiji reinstated the constitution, and new parliamentary elections under it were held in September 2001.
In 2005, the government introduced legislation to amend the Constitution to allow parliamentarians and other senior government officials to serve as members of Provincial Councils, the Fijian Affairs Board, or the Great Council of Chiefs. In 2006, the military took over the government, and in 2009, the Court of Appeals ruled the coup illegal, sparking another constitutional crisis. This led to the suspension of the Constitution in April 2009, and the announcement that Fiji would have a new constitution by 2013, which would remove the ethnic-based provisions of the electoral system.
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2006 coup
Fiji has had a tumultuous political history since its independence in 1970, with several coups disrupting democratic processes. One of the most significant coups in Fijian history took place in 2006, marking the culmination of a political crisis that had been building over the previous year.
The 2006 Fijian coup d'état began in December 2006 when Commodore Frank Bainimarama, the Commander of the Republic of Fiji Military Forces (RFMF), carried out a coup against Prime Minister Laisenia Qarase and President Josefa Iloilo. The coup was the result of a prolonged conflict between the Qarase government and the military, stemming from three controversial bills introduced in the Fijian Parliament: the Reconciliation, Tolerance, and Unity Bill, the Qoliqoli Bill, and the Land Tribunal Bill. These bills aimed to address ongoing ethnic conflicts in Fiji and the aftermath of the 2000 coup but were seen as favouring ethnic Fijians.
In October 2006, Bainimarama presented the government with a list of demands, including the withdrawal of these bills and the removal of certain government officials connected with the 2000 coup. Negotiations failed, and on December 4, the military launched its coup. Parliament was dissolved, Qarase and his cabinet were dismissed, and some civilian officials were placed under house arrest. Bainimarama announced that the military had officially taken over the government.
The coup sparked another constitutional crisis in Fiji. In 2009, the Court of Appeals ruled the 2006 coup illegal. The events of 2006 had a significant impact on human and women's rights in Fiji and led to reflections on the country's "coup culture". The coup also highlighted the complex interplay between traditional chiefly systems, race relations, economics, constitutionality, the military ethos, and religion in Fijian politics.
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2013 Constitution
Fiji has had at least three constitutions since 1970. The country gained its independence from Britain in 1970 with the adoption of its first constitution, which was negotiated with the British. This constitution was suspended in 1987 after a coup d'état. A new constitution was adopted in 1990, which changed the proportion of representation in parliament. This was followed by another constitution in 1997, which was abrogated by a counter-coup led by Commodore Frank Bainimarama in 2000. The latest constitution, enacted in 2013, gave Indo-Fijians equal status in the country.
The 2013 Constitution
The 2013 Constitution of Fiji is the supreme law of the country and cannot be abrogated or suspended. It was signed by President Ratu Epeli Nailatikau in 2013 and came into effect on 7 September 2013. The 2013 Constitution gave Indo-Fijians equal status in the country, addressing the widespread Indo-Fijian dissent and the population shift back to an indigenous majority.
The creation of the 2013 Constitution was prompted by the 2006 coup led by Bainimarama, which sparked a constitutional crisis. 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. Public hearings were held across the country in 2012 to solicit input from the community, and a constitutional commission was appointed by the military regime to draft the new constitution as part of a return to democracy.
Prime Minister Bainimarama had emphasised the need to reform the race-based electoral system before holding new elections. He initially announced elections for 2009 but later reversed this decision, stating that a new system, including a new constitution, was necessary to prevent a return to the "coup culture". The 2013 Constitution replaced the race-based electoral system with a more inclusive approach, granting Indo-Fijians equal status and protecting their rights.
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Frequently asked questions
Fiji has had five constitutions since 1970.
The 1970 constitution was negotiated with the British and was similar to the Colonial Constitution of 1966. It set up a House of Representatives with 22 seats each for voters registered as Fijian or Indian, and 8 seats for voters registered as neither. It also gave more power to the executive than the 1966 constitution.
The 1997 constitution was created after a review commission presented a report to the President in 1996. It was more inclusive than the 1990 constitution and was the second national constitution to explicitly protect against discrimination based on sexual orientation.
The 2013 constitution was drafted by a military-backed regime and gave the prime minister and attorney-general significant control over judicial appointments. It was criticised for concentrating executive power and not adequately protecting fundamental rights.
Fiji's political history is influenced by ethnicity and the military's role. Since independence in 1970, divisions between Indigenous iTaukei and Indo-Fijian communities have shaped political life, often leading to instability and coups. Constitutional reform efforts aim to address these issues and promote inclusivity.
