Constitution of Fiji: Chapter 5
Encyclopedia
Chapter 5: Social Justice. Chapter 5 of the Fiji Constitution
is titled Social Justice. It is one of the shortest chapters of the constitution, comprising only one section - section 44.
Section 44, the sole section of Chapter 5, charges Parliament with the responsibility to make provision for "effective equality of access" to education and training, land and housing, and participation in commerce and in public service, for groups that are seen to be disadvantaged. Despite otherwise implicitly affirming the essentially capitalist nature of Fiji, the Constitution recognizes that there are certain sectors of the population who have not shared fairly in Fiji's economic, social, and political development, and that the state has a responsibility to create an environment of equal opportunity
. Unlike socialistic constitutions, the Fiji Constitution does not seek equality of results, but equality of opportunity is presupposed as a basic human right.
Ethnic Fijians
and Indo-Fijians are both intended to benefit from this provision. The multiracial capital, Suva
, has excellent educational services, but more rural areas, populated mostly by ethnic Fijians
, are often poorly served. Indo-Fijians predominate in commerce and the professions, while the public service and the Armed Forces
are overwhelmingly ethnic Fijian
. This constitutional provision is meant to redress the reasons for these imbalances by authorizing appropriate legislation. There is a caveat, however: "A program established under this section must not, directly or indirectly, deprive any person not entitled to its benefits of: (a) any position or seniority in the service of the State: (b) any place in an educational or training institution; (c) a scholarship or other financial support; or (d) a right to carry on any business or profession or to enjoy any other opportunity, amenity or service; to which that person has already become, and would otherwise remain, entitled." In other words, the giving of special help to disadvantaged groups must not discriminate against a member of another group.
An affirmative action program may be established for a maximum of ten years. It is to be reviewed annually, to assess whether or not its goals are being met, and if so, whether the program is still needed. On expiry at the end of ten year (or earlier, if it was set to run for a shorter period), it may be renewed by appropriate legislation if the need for it is perceived still to exist.
Chapter 5 recognizes that not all cases of proportional underrepresentation are necessarily the result of disadvantage. In some cases, the preferences of certain communities may be a factor; religious or cultural objections to certain forms of work may in some cases explain the underrepresentation of a particular community in a particular category of employment. In formulating affirmative action legislation, such factors are to be taken into account.
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 Social Justice. It is one of the shortest chapters of the constitution, comprising only one section - section 44.
Section 44, the sole section of Chapter 5, charges Parliament with the responsibility to make provision for "effective equality of access" to education and training, land and housing, and participation in commerce and in public service, for groups that are seen to be disadvantaged. Despite otherwise implicitly affirming the essentially capitalist nature of Fiji, the Constitution recognizes that there are certain sectors of the population who have not shared fairly in Fiji's economic, social, and political development, and that the state has a responsibility to create an environment of equal opportunity
Equal opportunity
Equal opportunity, or equality of opportunity, is a controversial political concept; and an important informal decision-making standard without a precise definition involving fair choices within the public sphere...
. Unlike socialistic constitutions, the Fiji Constitution does not seek equality of results, but equality of opportunity is presupposed as a basic human right.
Ethnic Fijians
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...
and Indo-Fijians are both intended to benefit from this provision. The multiracial capital, Suva
Suva
Suva features a tropical rainforest climate under the Koppen climate classification. The city sees a copious amount of precipitation during the course of the year. Suva averages 3,000 mm of precipitation annually with its driest month, July averaging 125 mm of rain per year. In fact,...
, has excellent educational services, but more rural areas, populated mostly by ethnic Fijians
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...
, are often poorly served. Indo-Fijians predominate in commerce and the professions, while the public service and the Armed Forces
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
are overwhelmingly 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...
. This constitutional provision is meant to redress the reasons for these imbalances by authorizing appropriate legislation. There is a caveat, however: "A program established under this section must not, directly or indirectly, deprive any person not entitled to its benefits of: (a) any position or seniority in the service of the State: (b) any place in an educational or training institution; (c) a scholarship or other financial support; or (d) a right to carry on any business or profession or to enjoy any other opportunity, amenity or service; to which that person has already become, and would otherwise remain, entitled." In other words, the giving of special help to disadvantaged groups must not discriminate against a member of another group.
An affirmative action program may be established for a maximum of ten years. It is to be reviewed annually, to assess whether or not its goals are being met, and if so, whether the program is still needed. On expiry at the end of ten year (or earlier, if it was set to run for a shorter period), it may be renewed by appropriate legislation if the need for it is perceived still to exist.
Chapter 5 recognizes that not all cases of proportional underrepresentation are necessarily the result of disadvantage. In some cases, the preferences of certain communities may be a factor; religious or cultural objections to certain forms of work may in some cases explain the underrepresentation of a particular community in a particular category of employment. In formulating affirmative action legislation, such factors are to be taken into account.