Constitution of Fiji: Chapter 1
Encyclopedia
Chapter 1: The State. The first chapter of the Fiji Constitution
is titled The State. It is divided into five sections, which summarize briefly how the nation of Fiji
sees itself.
Section 1 states that "The Republic of the Fiji Islands is a sovereign, democratic state." This underscoring of Fiji's commitment to democracy
comes against the backdrop of political instability that has sometimes plagued Fiji, resulting in two coups d'état prior to the adoption of the constitution, and a third and fourth since.
Sections 2 and 3 deal with the place of the Constitution. The Consititution is declared to be "the supreme law of the State," and laws inconsistent with it are prohibited. In interpreting the Constitution, individual clauses are to be interpreted in the context of the Constitution as a whole, as well as the context in which the constitution was drafted. Any interpretation is required to consider any developments that may have taken place, subsequent to the adoption of the Constitution, in the understanding and promotion of particular human rights.
Section 4 establishes three official languages: English
, Fijian
, and Hindustani
. This was a new development; previously, only English had enjoyed official status. Elevating Fijian and Hindustani (an umbrella term used to cover both Hindi
and Urdu) to the status of official language served two purposes: it was aimed at assuaging the fears of indigenous Fijians, alarmed by the many political concessions made to Indo-Fijians (also known as Fiji Indians, or, especially in Fiji itself, as just Indians) elsewhere in this Constitution, and was also intended as a message to Indo-Fijians that they were being recognized as equal partners in the nation.
English is declared to be the language of the Constitution; translations in Fijian and Hindustani have been made, but in the case of any perceived discrepancy among the versions in the three languages, the English version prevails.
Every person (whether a Fiji citizen or not) is granted the right to communicate with any organ of government, at both the national and local level, in any of the three official languages, "either directly or through a competent interpreter."
Section 5 codifies the relationship between religion and the Fijian State. It declares that "Although religion and the State are separate, the people of the Fiji Islands acknowledge that worship and reverence of God are the source of good government and leadership."
This statement is a compromise. Fiji has a strong fundamentalist Christian
lobby which campaigned for the Constitution to establish Christianity
as the official religion of the State (and has since continued to agitate for a constitutional amendment to that effect). This is completely unacceptable to many Indo-Fijians, only six percent of whom are Christians. The debate has racial and political overtones; with some exceptions, many of those campaigning to enshrine Christianity in the Constitution have been identified with movements advocating ethnic Fijian
political supremacy. Most mainstream parties on both sides of the ethnic divide, however, agreed that a constitutional clause calling for "worship and reverence of God" was broad enough to encompass interpretations acceptable to Hindus
and Moslems
, as well as Christians.
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
is titled The State. It is divided into five sections, which summarize briefly how the nation of Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
sees itself.
Section 1 states that "The Republic of the Fiji Islands is a sovereign, democratic state." This underscoring of Fiji's commitment to democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
comes against the backdrop of political instability that has sometimes plagued Fiji, resulting in two coups d'état prior to the adoption of the constitution, and a third and fourth since.
Sections 2 and 3 deal with the place of the Constitution. The Consititution is declared to be "the supreme law of the State," and laws inconsistent with it are prohibited. In interpreting the Constitution, individual clauses are to be interpreted in the context of the Constitution as a whole, as well as the context in which the constitution was drafted. Any interpretation is required to consider any developments that may have taken place, subsequent to the adoption of the Constitution, in the understanding and promotion of particular human rights.
Section 4 establishes three official languages: English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
, Fijian
Fijian language
Fijian is an Austronesian language of the Malayo-Polynesian family spoken in Fiji. It has 450,000 first-language speakers, which is less than half the population of Fiji, but another 200,000 speak it as a second language...
, and Hindustani
Hindustani language
Hindi-Urdu is an Indo-Aryan language and the lingua franca of North India and Pakistan. It is also known as Hindustani , and historically, as Hindavi or Rekhta...
. This was a new development; previously, only English had enjoyed official status. Elevating Fijian and Hindustani (an umbrella term used to cover both Hindi
Hindi
Standard Hindi, or more precisely Modern Standard Hindi, also known as Manak Hindi , High Hindi, Nagari Hindi, and Literary Hindi, is a standardized and sanskritized register of the Hindustani language derived from the Khariboli dialect of Delhi...
and Urdu) to the status of official language served two purposes: it was aimed at assuaging the fears of indigenous Fijians, alarmed by the many political concessions made to Indo-Fijians (also known as Fiji Indians, or, especially in Fiji itself, as just Indians) elsewhere in this Constitution, and was also intended as a message to Indo-Fijians that they were being recognized as equal partners in the nation.
English is declared to be the language of the Constitution; translations in Fijian and Hindustani have been made, but in the case of any perceived discrepancy among the versions in the three languages, the English version prevails.
Every person (whether a Fiji citizen or not) is granted the right to communicate with any organ of government, at both the national and local level, in any of the three official languages, "either directly or through a competent interpreter."
Section 5 codifies the relationship between religion and the Fijian State. It declares that "Although religion and the State are separate, the people of the Fiji Islands acknowledge that worship and reverence of God are the source of good government and leadership."
This statement is a compromise. Fiji has a strong fundamentalist Christian
Fundamentalist Christianity
Christian fundamentalism, also known as Fundamentalist Christianity, or Fundamentalism, arose out of British and American Protestantism in the late 19th century and early 20th century among evangelical Christians...
lobby which campaigned for the Constitution to establish Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
as the official religion of the State (and has since continued to agitate for a constitutional amendment to that effect). This is completely unacceptable to many Indo-Fijians, only six percent of whom are Christians. The debate has racial and political overtones; with some exceptions, many of those campaigning to enshrine Christianity in the Constitution have been identified with movements advocating ethnic Fijian
Fijian people
Fijian people are the major indigenous people of the Fiji Islands, and live in an area informally called Melanesia. The Fijian people are believed to have arrived in Fiji from western Melanesia approximately 3,500 years ago, though the exact origins of the Fijian people are unknown...
political supremacy. Most mainstream parties on both sides of the ethnic divide, however, agreed that a constitutional clause calling for "worship and reverence of God" was broad enough to encompass interpretations acceptable to Hindus
Hinduism
Hinduism is the predominant and indigenous religious tradition of the Indian Subcontinent. Hinduism is known to its followers as , amongst many other expressions...
and Moslems
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
, as well as Christians.