Amnesty International: 22 July 1998
HUMAN RIGHTS: NEW ERA FOR FIJI WITH FRESH CONSTITUTION
A new era for human rights began in Fiji on 27 July 1998 when a new Constitution formally established the first national Human Rights Commission among Pacific island states.
Amnesty International report
A NEW era for human rights begins in Fiji on 27 July 1998 when a new Constitution formally establishes the first national Human Rights Commission among
Pacific island states, says Amnesty International.
In this 50th anniversary year of the Universal Declaration of Human
Rights, the people of Fiji will also see their human rights protected by an
enhanced Bill of Rights.
The Constitution (Amendment) Act 1997, which comes into effect on
Monday, 27 July, reaffirms recognition of the human rights and fundamental
freedoms of all individuals and groups, and recognizes Fiji's multicultural
society. It supports a process of national reconciliation between the major
ethnic groups, whose political leaders have agreed to form a multi-racial
government following elections due by February 1999.
The new Constitution follows a review of its predecessor which in 1990
guaranteed political dominance to indigenous (Melanesian) Fijians at the
expense of ethnic Indians whose parliamentarians were detained in a
military coup that removed an elected government in May 1987. The new
Constitution's Bill of Rights protects the rights of minorities, ethnic and
indigenous groups, and gives special recognition to indigenous Fijian
traditions.
Current national disputes over government emergency powers, labour
rights, a dam on village land, and the drought-stricken, but economically
vital sugar cane crop show public uncertainty about the fundamental rights
and freedoms protected and promoted by the new Constitution. Amnesty
International therefore welcomes the Fiji Government's support for
community-based education and information initiatives to explain
constitutional changes in Fiji's three national languages.
Under the new Constitution, Fiji's Human Rights Commission will
"educate the public about the nature and content of the Bill or Rights",
its origins in international human rights standards and their monitoring by
United Nations bodies. The Ombudsman, as the Commission's appointed chair,
and two other Human Rights Commissioners will also be tasked "to make
recommendations to the Government about matters affecting compliance with
human rights".
"A truly independent and competent Human Rights Commission could
effectively monitor Fiji's implementation of international standards. A
Commission equipped with educational, advisory and investigative functions
-- in line with internationally recognized principles -- could help to
ensure that human rights violations will not be tolerated in Fiji," Amnesty
International said.
Amnesty International welcomes the Fiji Government's openness towards
suggestions from community-based organizations and a United Nations adviser
for legislation still needed to make the Human Rights Commission fully
operative.
Five months before the 50th anniversary of the Universal Declaration
of Human Rights -- on "International Human Rights Day" 10 December 1998 --
Amnesty International calls on the Fiji Government to declare its
commitment to the Declaration's values for the people of Fiji. It is also
calling on the government to prepare Fiji's accession to the two
International Covenants on Civil and Political Rights, and on Economic,
Social and Cultural Rights.
Background to Fiji's new Constitution
The process of creating Fiji's new Constitution reflects the enormous
political difficulties to overcome the country's ethnic divisions and the
racial tension of the years leading up to the previous Constitution of 25
July 1990. Two years after the 1987 military coups sparked a large-scale
exodus of initially 9,500 Fijians of Indian origin, indigenous Fijians of
Melanesian origin, for the first time since 1946, made up the largest
population group.
Although no longer a minority, indigenous Fijians were guaranteed a
safe parliamentary majority in the 1990 Constitution which reserved them 37
of 70 elected seats and gave only 27 seats to ethnic Indian Fijians whose
share of the population was almost equal. While restoring a Bill of Rights
suspended after the military coups, the 1990 Constitution gave all military
personnel, police and prison officers full immunity from criminal and civil
responsibility for any human rights violations they committed between the
first military coup on 14 May 1987 and the resignation, on 6 December 1987,
of coup leader Sitiveni Rabuka as Head of State.
Fiji's new Constitution is a result of a constitutional review process
prescribed by the 1990 Constitution to be completed by 1997. It is largely
based on 694 recommendations made in an 800-page report of 6 September
1996, "The Fiji Islands: Towards a United Future", by a Constitution Review
Commission. Under the new Constitution, promulgated by President Ratu Sir
Kamisese Mara on 25 July 1997, 23 parliamentary seats are reserved for
indigenous Fijians, 19 for ethnic Indians, four for Rotuman islanders and
other minorities, and 25 are open to all ethnic groups.
The 1997 Constitution's promulgation resulted in Fiji's return into
the Commonwealth and the imminent resumption of full diplomatic relations
with India, both suspended after the military coups.