Citizendia

Constitution of Fiji

Preamble

Chapters
1: The State
2: Compact
3: Citizenship
4: Bill of Rights
5: Social Justice
6: The Parliament
7: Executive Government
8: Great Council of Chiefs
9: Judiciary
10: State Services
11: Accountability
12: Revenue and Expenditure
13: Group Rights
14: Emergency Powers
15: Amendment of Constitution
16: Commencement, Interpretation and Repeals
17: Schedule Oaths and Affirmations

Fiji

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The Constitution of Fiji is the supreme law of Fiji. The Constitution of Fiji begins with a Preamble, which sets out the historical cultural and political reasons for the drafting of the 1997 Constitution Chapter 1 The State The first chapter of the Fiji Constitution is titled The State Chapter 2 Compact The second chapter of the Fiji Constitution contains Sections 6 and 7 of the Constitution Chapter 3 Citizenship The third chapter of the Fijian Constitution, comprising Sections 8 through 20 of the Constitution set out the rules for Chapter 4 Bill of Rights Chapter 4 of the Constitution of Fiji is titled Bill of Rights Chapter 5 Social Justice Chapter 5 of the Fiji Constitution is titled Social Justice Chapter 6 The Parliament Chapter 6 of the Fiji Constitution is titled The Parliament Chapter 7 Executive Government Chapter 7 of the Fiji Constitution is titled Executive Government Chapter 8 Great Council of Chiefs (Bose Levu Vakaturaga Chapter 8 Executive Government Chapter 9 Judiciary Chapter 9 of the Fijian constitution is titled Judiurt of Appeal (Fiji|Court of Appeal]] and the Supreme Court, and also Chapter 10 State Services Chapter 10 of the Fijian constitution is titled State Services Chapter 11Accountability Chapter 11 of the Fijian constitution is titled Accountability Chapter 12 Revenue and Expenditure Section 175 Raising of revenue The raising by the Government of revenue or moneys whether through the imposition of taxation or otherwise Chapter 13 Group Rights Section 185 Alteration of certain Acts (1 A bill alters any of the following Acts namely(a Fijian Affairs Act(b Fijian Development Fund Chapter 14 Emergency Powers Section 187 Emergency powers (1 The Parliament may make a law conferring power on the President acting on the advice of the Cabinet Chapter 15 Amendment of Constitution Section 190 Alteration of Constitution This Constitution may be altered in the way set out in this Chapter and may not be altered Chapter 16 Commencement Interpretation and Repeals Section 193 Short title and commencement (1 This Act maybe cited as the Constitution Amendment Act 1997 Chapter 17 of the Constitution of Fiji is named "Schedule Oaths and Affirmations Fiji (Matanitu ko Viti फ़िजी officially the Republic of the Fiji Islands (Matanitu Tu-Vaka-i-koya ko Viti फ़िजी द्वीप समूह गणराज्य Politics of Fiji takes place in a framework of a parliamentary representative democratic Republic, whereby the Prime Minister of Fiji is the Politics of Fiji takes place in a framework of a parliamentary representative democratic Republic, whereby the Prime Minister of Fiji is the Fiji 's Head of State is the President of the Republic of the Fiji Islands. Ratu is a title used by Fijians of chiefly rank An equivalent title Adi (andi is used by females of chiefly rank Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ, (born December 29, 1920) has been the President The Fijian vice-presidency is a mostly ceremonial office The position was created in 1990, to provide a constitutional successor to the President, As a former British colony, Fiji has largely adopted British political models and follows the Westminster, or Cabinet system of government in which the Commodore is a Military rank used in many navies for officers whose position exceeds that of a navy captain, but is less than Commodore Josaia Voreqe Bainimarama, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers presided Fiji 's chief governmental legal officer is the Attorney General. The post of Leader of the Opposition is a political office common in countries that are part of the Commonwealth of Nations. Fiji 's Parliament is Bicameral. The House of Representatives has 71 members The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers it may not initiate legislation but may amend or veto it The House of Representatives is the lower chamber of Fiji's Parliament. The Speaker is the presiding officer of the Fijian House of Representatives. Fiji is divided administratively into four divisions which are further subdivided into fourteen Provinces Each division is headed by a Commissioner Fiji has established municipal governments for two cities ( Suva and Lautoka) and ten Towns ( Ba, Labasa, Lami Fiji's municipal elections of October 2002 produced results that allowed three major political parties the United Fiji Party (SDL the Fiji Labour Party Municipal elections were held for 11 of Fiji's twelve City and Town councils on 22 October 2005. The title of Queen of Fiji was held by Queen Elizabeth II between 1972 and 1987. Fiji was a British Crown Colony from 1874 to 1970 and an independent Dominion in the British Commonwealth from 1970 to 1987 Fiji became a British Crown Colony in 1874 and an independent Dominion in the Commonwealth in 1970 Fiji 's British colonial rulers established the office of Chief Minister in October 1967 along with the Cabinet system of government The colonial Governors of Fiji relied on the Executive Council for advice on proposals for legislation which after being discussed in the Executive Council meetings The Fijian Legislative Council was the colonial precursor to the present-day Parliament, which came into existence when Fiji became independent on The Constitution of Fiji begins with a Preamble, which sets out the historical cultural and political reasons for the drafting of the 1997 Constitution Chapter 1 The State The first chapter of the Fiji Constitution is titled The State Chapter 2 Compact The second chapter of the Fiji Constitution contains Sections 6 and 7 of the Constitution Chapter 3 Citizenship The third chapter of the Fijian Constitution, comprising Sections 8 through 20 of the Constitution set out the rules for Chapter 4 Bill of Rights Chapter 4 of the Constitution of Fiji is titled Bill of Rights Chapter 5 Social Justice Chapter 5 of the Fiji Constitution is titled Social Justice Chapter 6 The Parliament Chapter 6 of the Fiji Constitution is titled The Parliament Chapter 7 Executive Government Chapter 7 of the Fiji Constitution is titled Executive Government Chapter 8 Great Council of Chiefs (Bose Levu Vakaturaga Chapter 8 Executive Government Chapter 9 Judiciary Chapter 9 of the Fijian constitution is titled Judiurt of Appeal (Fiji|Court of Appeal]] and the Supreme Court, and also Chapter 10 State Services Chapter 10 of the Fijian constitution is titled State Services Chapter 11Accountability Chapter 11 of the Fijian constitution is titled Accountability Chapter 12 Revenue and Expenditure Section 175 Raising of revenue The raising by the Government of revenue or moneys whether through the imposition of taxation or otherwise Chapter 13 Group Rights Section 185 Alteration of certain Acts (1 A bill alters any of the following Acts namely(a Fijian Affairs Act(b Fijian Development Fund Chapter 14 Emergency Powers Section 187 Emergency powers (1 The Parliament may make a law conferring power on the President acting on the advice of the Cabinet Chapter 15 Amendment of Constitution Section 190 Alteration of Constitution This Constitution may be altered in the way set out in this Chapter and may not be altered Chapter 16 Commencement Interpretation and Repeals Section 193 Short title and commencement (1 This Act maybe cited as the Constitution Amendment Act 1997 Chapter 17 of the Constitution of Fiji is named "Schedule Oaths and Affirmations The Great Council of Chiefs (Bose Levu Vakaturaga in Fijian) is a now dormant 1997 constitutional body in the Republic of the Fiji Islands. The Great Council of Chiefs (Bose Levu Vakaturaga in Fijian) is a formal assembly of Fiji 's senior hereditary chiefs, along with Ratu Ovini Bokini Ratu (born 3 November 1944) is a Fijian chief and political leader Commodore Josaia Voreqe Bainimarama, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title This article lists political parties in Fiji. Fiji has a Multi-party system with numerous parties in which no one party often has a chance of gaining Historical overview Fiji 's electoral system is the result of complex negotiations compromises and experiments conducted over the years leading up to and following independence The Fijian House of Representatives consists of 71 members all elected from single member constuencies. A constituency is any cohesive corporate unit or body bound by shared structures goals or loyalty Open constituencies represent one of several electoral models employed in the past and present in the Fijian electoral system. Communal constituencies have been the most durable feature of the Fijian electoral system. National constituencies are a former feature of the Fijian electoral system. Fiji has held nine general elections for the House of Representatives since becoming independent of the United Kingdom in 1970; there had The Constitution of Fiji requires general elections for the House of Representatives to be held at least once every five years General elections were until recently scheduled to be held in Fiji in March 2009 Elections to the offices of President and Vice-President of Fiji took place on 8 March 2006, when the Great Council of Chiefs Fiji has had many coups recently in 1987 2000 and 2006. Fiji has been suspended various times from the Commonwealth of Nations, a grouping of mostly Fiji has a small number of diplomatic missions abroad - it does not even have missions on any neighbouring Pacific Island states Information on politics by country is available for every Country, including both De jure and De facto independent Fiji (Matanitu ko Viti फ़िजी officially the Republic of the Fiji Islands (Matanitu Tu-Vaka-i-koya ko Viti फ़िजी द्वीप समूह गणराज्य

Contents

Background

The Constitution of the Republic of the Fiji Islands dates from 1997. It is Fiji's third Constitution. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity The first, adopted in 1970 upon independence, was abrogated following two military coups in 1987. The Fiji coups of 1987 resulted in the overthrow of the elected government of Fijian Prime Minister Timoci Bavadra, the deposition of Elizabeth II A second constitution was adopted in 1990. Its discriminatory provisions, which reserved the office of Prime Minister and a built-in majority in the House of Representatives for indigenous Fijians (although they were at that time a minority of the population) proved very unpopular with the Indo-Fijian community, which comprised almost half the country's population, and in the mid 1990s the government agreed that it should be rewritten. As a former British colony, Fiji has largely adopted British political models and follows the Westminster, or Cabinet system of government in which the The House of Representatives is the lower chamber of Fiji's Parliament. Fijian people are the major indigenous people of the Fiji Islands, and live in an area informally called Melanesia. Indigenous Fijians, the native inhabitants of Fiji, are a mixture of Polynesian and Melanesian resulting from the original migrations to the South Pacific many centuries Indo-Fijians are Fijians who trace their ancestry to India. They number 311591 (37

The constitutional process

In 1995, President Ratu Sir Kamisese Mara appointed a three-member Constitutional Review Commission. Fiji 's Head of State is the President of the Republic of the Fiji Islands. Ratu Sir Kamisese Mara Kabakoro] GCMG KBE CF, ( May 6, 1920 &ndash April 18, 2004 The commissioners were Tomasi Vakatora, an ethnic Fijian, and Brij Lal, an Indo-Fijian, with Sir Paul Reeves, a former Governor-General of New Zealand, as chairman. --> Tomasi Vakatora ( 1926 - 12 June 2006) was a Fijian statesman who held Cabinet office and served as Speaker of the Brij V Lal is a Fijian Historian of Indian descent He was born in Labasa, on the northern island of Vanua Levu. Sir Paul Alfred Reeves, ONZ, GCMG, GCVO, CF, QSO, (born December 6, 1932) was Archbishop and Primate The Governor-General of New Zealand (Te Kawana Tianara o Aotearoa is the representative of the Sovereign in right of New Zealand (currently Queen New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island Fourteen months of consultations followed. The Commission finally presented its report, containing 697 recommendations, to the President on 6 September 1996. Events 3114 BC - According to the Proleptic Julian calendar the current era in the Maya Long Count Calendar started Year 1996 ( MCMXCVI) was a Leap year starting on Monday (link will display full 1996 Gregorian calendar) The report was subsequently tabled in Parliament, at a joint sitting of the Senate and the House of Representatives, on September 11. Fiji 's Parliament is Bicameral. The House of Representatives has 71 members The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers it may not initiate legislation but may amend or veto it The House of Representatives is the lower chamber of Fiji's Parliament. Events 9 - The Battle of the Teutoburg Forest ends 506 - The Bishops of Visigothic Gaul A parliamentary committee, composed of members of both chambers, was established to study the report.

Eight months later, the committee tabled its response in Parliament on 14 May 1997, endorsing most of the recommendations. Events 1264 - Battle of Lewes: Henry III of England is captured in France making Simon de Montfort the Year 1997 ( MCMXCVII) was a Common year starting on Wednesday (link will display full 1997 Gregorian calendar The Great Council of Chiefs, a powerful gathering of mainly high chiefs which, among other prerogatives, elects the President of Fiji, also endorsed the report in June. The Great Council of Chiefs (Bose Levu Vakaturaga in Fijian) is a now dormant 1997 constitutional body in the Republic of the Fiji Islands. Ratu is a title used by Fijians of chiefly rank An equivalent title Adi (andi is used by females of chiefly rank The Constitution (Amendment) Bill 1997 was passed by the House of Representatives on 3 July that year, and by the Senate on 10 July. Events 324 - Battle of Adrianople Constantine I defeats Licinius, who flees to Byzantium. Events 48 BC - Battle of Dyrrhachium, Julius Caesar barely avoids a catastrophic defeat to Pompey in Macedonia. President Mara signed it into law on 25 July 1997. Events 285 - Diocletian appoints Maximian as Caesar, co-ruler Year 1997 ( MCMXCVII) was a Common year starting on Wednesday (link will display full 1997 Gregorian calendar It took effect from 27 July. Events 1214 - Battle of Bouvines: In France, Philip II of France defeats John of England. Under its provisions, ethnic Fijians agreed to give up their guaranteed majority in the House of Representatives and their monopoly on the Prime Minister's office, but in return, their ownership of most of the land was written into the constitution. Their rights were also protected by institutionalizing of the Great Council of Chiefs, which retained its power to elect the President and 14 of the 32 Senators.

The 1997 constitution was only the second national constitution to explicitly protect against discrimination based on sexual orientation (section 38). Sexual orientation is believed to refer to "an enduring pattern of emotional romantic and/or sexual attractions to men women or both sexes The first one was South Africa's in 1996. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa

The 2000 and 2006 coups

See main article: 2000 Fijian coup d'état, 2006 Fijian coup d'état

The present constitution was abrogated by Commodore Frank Bainimarama, who organized a counter-coup to neutralize a civilian coup d'état led by George Speight, and subsequently formed an Interim Military Government. The Fiji coup of 2000 was a complicated affair involving a civilian Putsch by hardline Fijian nationalists against the elected government of Prime The Fijian Coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état Commodore is a Military rank used in many navies for officers whose position exceeds that of a navy captain, but is less than Commodore Josaia Voreqe Bainimarama, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title The Fiji coup of 2000 was a complicated affair involving a civilian Putsch by hardline Fijian nationalists against the elected government of Prime George Speight, occasionally known as Ilikimi Naitini (born 16 May 1957) was the principal instigator of the Fiji coup of 2000, in which he A Supreme Court decision in November, however, reinstated the constitution, and new parliamentary elections under it were held in September 2001. The Supreme Court of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the The Constitution of Fiji was restored by a High Court decision on 15 November 2000, following the failure of the political upheaval

On 5 December 2006, the Military again overthrew the government. Events 63 BC - Cicero reads the last of his Catiline Orations. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. The Republic of Fiji Military Forces (RFMF with a total manpower of 3500 men is one of the smallest militaries in the world The Fijian Coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état Commodore Bainimarama, who once again became acting Head of State, stated that the Constitution would remain in effect, but said on 17 December that "as a last resort," it could be abrogated if no other way could be found to ensure immunity from prosecution for soldiers involved in the takeover. Events 546 - Gothic War (535–554: The Ostrogoths of King Totila [1] [2]

The document

The Fijian Constitution comprises seventeen chapters. The links in the index on the right are to articles summarizing their contents, along with the interpretation and the historical background, including reasons for their provision. Ongoing controversies are also noted.

Amendments

At the end of September 2005, the government introduced legislation to amend the Constitution so as 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. Fiji 's Parliament is Bicameral. The House of Representatives has 71 members Fiji is divided administratively into four divisions which are further subdivided into fourteen Provinces Each division is headed by a Commissioner The Great Council of Chiefs (Bose Levu Vakaturaga in Fijian) is a now dormant 1997 constitutional body in the Republic of the Fiji Islands. Prime Minister Laisenia Qarase told the House of Representatives that the amendments, to which the Opposition Fiji Labour Party had agreed at the Tanaloa Talks in 2003, were necessary to allow chiefs to hold multiple positions if their subjects so wished. As a former British colony, Fiji has largely adopted British political models and follows the Westminster, or Cabinet system of government in which the Laisenia Qarase (born February 4, 1941) served as the Prime Minister of Fiji from 2000 to 2006 The House of Representatives is the lower chamber of Fiji's Parliament. The Fiji Labour Party (FLP is a political party in Fiji, which holds observer status with the Socialist International. Ratu is a title used by Fijians of chiefly rank An equivalent title Adi (andi is used by females of chiefly rank

In 2005, several prominent figures were affected by the constitutional ban on politicians holding other public offices. These included Ro Teimumu Kepa, the Paramount Chief of the Burebasaga Confederacy, who was required to relinquish her chairmanship of the Rewa Provincial Council, which was deemed to be incompatible with her position as a member of the House of Representatives and as a Cabinet Minister. Ro Teimumu Vuikaba Kepa (born 1945) is a Fijian chief and politician The Roko Tui Dreketi is the Paramount Chief of Fiji 's Rewa Province and of the Burebasaga Confederacy, to which Rewa belongs Burebasaga is the largest of the three confederacies that make up Fiji 's House of Chiefs, to which all Fijian chiefs belong Rewa is a Province of Fiji. With a land area of 272 square kilometers (the smallest of Fiji's Provinces it includes the Capital city of Suva Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers presided

Even though the Labour Party agreed to the amendments in 2003, it has indicated that it will oppose them now. The FLP is bitterly opposed to other government legislation, such as the Reconciliation, Tolerance, and Unity Bill which may be passed with a simple majority, and it is thought that its stated intention to oppose these amendments, which require a two-thirds majority in both houses, may be a ploy to force the government to negotiate on the Unity Bill. The Reconciliation and Unity Commission is a proposed government body to be set up if the Reconciliation Tolerance and Unity Bill which was introduced into the Fijian


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