Fiji is an island nation in the South Pacific Ocean. It covers an area of 18,274 square kilometers and has a population of about 9,26,000. Official languages are Fijian, English and Hindi. About 56% are natives and others are descendants of newcomers. The island has 64% Christians, 27% Hindus and 6% Muslims.

Constitutionally Fiji is a secular state, where the government treats all religions equally. No one can be detained except to arrest a criminal or an accused, to ensure the study of any minor, or to take any contagious patient into custody. If someone is arrested, he/she has the right to meet his/her spouse, romantic partner or close relative; Lawyer; religious counselor or social worker; doctor. Everyone's freedom of speech exists; However, it is forbidden to make statements that incite to war, incitement to violence or insurrection, advocacy of hatred. Everyone is assured of adequate food and water. Every child has the right to be registered at or soon after birth, and to have a name and nationality.

These are positive aspects. Now let's discuss the negative aspects.

There are no indigenous people in the world. Those who are not indigenous, are they aliens from a different planet? The constitution of Fiji gives special status to the so-called indigenous peoples, which is the greatest blow to equal rights and democracy. Another dangerous thing is the approval of a non-government education syllabus outside the state syllabus.

Admirable Articles of Fiji's Constitution

1. The Republic of Fiji

The Republic of Fiji is a sovereign democratic State founded on the values of-

c. an independent, impartial, competent and accessible system of justice;

d. equality for all and care for the less fortunate based on the values inherent in this section and in the Bill of Rights contained in Chapter 2;

e. human dignity, respect for the individual, personal integrity and responsibility, civic involvement and mutual support;

f. good governance, including the limitation and separation of powers;

g. transparency and accountability; and

2. Supremacy of the Constitution

1. This Constitution is the supreme law of the State.

2. Subject to the provisions of this Constitution, any law inconsistent with this Constitution is invalid to the extent of the inconsistency.

3. This Constitution shall be upheld and respected by all Fijians and the State, including all persons holding public office, and the obligations imposed by this Constitution must be fulfilled.

5. This Constitution cannot be abrogated or suspended by any person, and may only be amended in accordance with the procedures prescribed in Chapter 11.

6. Any attempt to establish a Government other than in compliance with this Constitution shall be unlawful, and-

a. anything done to further that attempt is invalid and of no force or effect; and

b. no immunities can lawfully be granted under any law to any person in respect of actions taken or omitted in furtherance of such an attempt.

4. Secular State

3. Religion and the State are separate, which means-

a. the State and all persons holding public office must treat all religions equally;

b. the State and all persons holding public office must not dictate any religious belief;

c. the State and all persons holding public office must not prefer or advance, by any means, any particular religion, religious denomination, religious belief, or religious practice over another, or over any non-religious belief; and

d. no person shall assert any religious belief as a legal reason to disregard this Constitution or any other law.

5. Citizenship

2. Subject to the provisions of this Constitution, all Fijians have equal status and identity, which means that they are equally-

a. entitled to all the rights, privileges and benefits of citizenship; and

b. subject to the duties and responsibilities of citizenship.

7. Interpretation of this Chapter

2. This Chapter does not deny, or prevent the recognition of, any other right or freedom recognised or conferred by common law or written law, except to the extent that it is inconsistent with this Chapter.

9. Right to personal liberty

1. A person must not be deprived of personal liberty except-

a. for the purpose of executing the sentence or order of a court, whether handed down or made in Fiji or elsewhere, in respect of an offence of which the person had been convicted;

b. for the purpose of executing an order of a court punishing the person for contempt of the court or of another court or tribunal;

c. for the purpose of executing an order of a court made to secure the fulfilment of an obligation imposed on the person by law;

d. for the purpose of bringing the person before a court in execution of an order of a court;

e. if the person is reasonably suspected of having committed an offence;

f. with the consent of the person's parent or lawful guardian or upon an order made by a court, for the purpose of the person's education or welfare during any period ending not later than the date of his or her 18th birthday;

g. for the purpose of preventing the spread of an infectious or contagious disease;

h. for the purpose of the person's care or treatment or for the protection of the community if he or she is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant; or

i. for the purpose of preventing the unlawful entry of the person into Fiji or of effecting the expulsion, extradition or other lawful removal of the person from Fiji.

3. If a person is detained pursuant to a measure authorised under a state of emergency-

b. the person must be given the opportunity to communicate with, and to be visited by-

i. his or her spouse, partner or next-of-kin;

ii. a legal practitioner;

iii. a religious counsellor or a social worker; and

iv. a medical practitioner;

c. the person must be given reasonable facilities to consult with a legal practitioner of his or her choice;

10. Freedom from slavery, servitude, forced labour and human trafficking

1. A person must not be held in slavery or servitude, or subjected to forced labour or human trafficking.

2. In this section, "forced labour" does not include-

a. labour required in consequence of a sentence or order of a court;

b. labour reasonably required of a person serving a term of imprisonment, whether or not required for the hygiene or maintenance of the prison; or

c. labour required of a member of a disciplined force as part of his or her duties.

11. Freedom from cruel and degrading treatment

1. Every person has the right to freedom from torture of any kind, whether physical, mental or emotional, and from cruel, inhumane, degrading or disproportionately severe treatment or punishment.

2. Every person has the right to security of the person, which includes the right to be free from any form of violence from any source, at home, school, work or in any other place.

3. Every person has the right to freedom from scientific or medical treatment or procedures without an order of the court or without his or her informed consent, or if he or she is incapable of giving informed consent, without the informed consent of a lawful guardian.

13. Rights of arrested and detained persons

1. Every person who is arrested or detained has the right-

c. to communicate with a legal practitioner of his or her choice in private in the place where he or she is detained, to be informed of that right promptly and, if he or she does not have sufficient means to engage a legal practitioner and the interests of justice so require, to be given the services of a legal practitioner under a scheme for legal aid by the Legal Aid Commission;

d. not to be compelled to make any confession or admission that could be used in evidence against that person;

e. to be held separately from persons who are serving a sentence, and in the case of a child, to be kept separate from adults unless that is not in the best interests of the child;

f. to be brought before a court as soon as reasonably possible, but in any case not later than 48 hours after the time of arrest, or if that is not reasonably possible, as soon as possible thereafter;

g. at the first court appearance, to be charged or informed of the reasons for the detention to continue, or to be released;

h. to be released on reasonable terms and conditions, pending a charge or trial, unless the interests of justice otherwise require;

i. to challenge the lawfulness of the detention in person before a court and, if the detention is unlawful, to be released;

j. to conditions of detention that are consistent with human dignity, including at least the opportunity to exercise regularly and the provision, at State expense, of adequate accommodation, nutrition, and medical treatment; and

k. to communicate with, and be visited by,-

i. his or her spouse, partner or next-of-kin; and

ii. a religious counsellor or a social worker.

2. Whenever this section requires information to be given to a person, that information must be given simply and clearly in a language that the person understands.

3. A person who is deprived of liberty by being detained, held in custody or imprisoned under any law retains all the rights and freedoms set out in this Chapter, except to the extent that any particular right or freedom is incompatible with the fact of being so deprived of liberty.

17. Freedom of speech, expression and publication

2. Freedom of speech, expression, thought, opinion and publication does not protect-

a. propaganda for war;

b. incitement to violence or insurrection against this Constitution; or

c. advocacy of hatred that-

i. is based on any prohibited ground of discrimination listed or prescribed under section 26; and

ii. constitutes incitement to cause harm.

3. To the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights and freedoms mentioned in subsection (1) in the interests of-

a. national security, public safety, public order, public morality, public health or the orderly conduct of elections;

26. Right to equality and freedom from discrimination

1. Every person is equal before the law and has the right to equal protection, treatment and benefit of the law.

3. A person must not be unfairly discriminated against, directly or indirectly on the grounds of his or her-

a. actual or supposed personal characteristics or circumstances, including race, culture, ethnic or social origin, colour, place of origin, sex, gender, sexual orientation, gender identity and expression, birth, primary language, economic or social or health status, disability, age, religion, conscience, marital status or pregnancy; or

b. opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others,

or on any other ground prohibited by this Constitution.

32. Right to economic participation

1. Every person has the right to full and free participation in the economic life of the State, which includes the right to choose their own work, trade, occupation, profession or other means of livelihood.

2. The State must take reasonable measures within its available resources to achieve the progressive realisation of the rights recognised in subsection (1).

33. Right to work and a just minimum wage

1. The State must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to work and to a just minimum wage.

2. In applying any right under this section, if the State claims that it does not have the resources to implement the right, it is the responsibility of the State to show that the resources are not available.

34. Right to reasonable access to transportation

1. The State must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to have reasonable access to transportation.

35. Right to housing and sanitation

1. The State must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to accessible and adequate housing and sanitation.

36. Right to adequate food and water

1. The State must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to be free from hunger, to have adequate food of acceptable quality and to clean and safe water in adequate quantities.

38. Right to health

1. The State must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to health, and to the conditions and facilities necessary to good health, and to health care services, including reproductive health care.

2. A person must not be denied emergency medical treatment.

3. In applying any right under this section, if the State claims that it does not have the resources to implement the right, it is the responsibility of the State to show that the resources are not available.

41. Rights of children

1. Every child has the right-

a. to be registered at or soon after birth, and to have a name and nationality;

b. to basic nutrition, clothing, shelter, sanitation and health care;

c. to family care, protection and guidance, which includes the equal responsibility of the child's parents to provide for the child-

i. whether or not the parents are, or have ever been, married to each other; and

ii. whether or not the parents are living together, have lived together, or are separated;

d. to be protected from abuse, neglect, harmful cultural practices, any form of violence, inhumane treatment and punishment, and hazardous or exploitative labour; and

e. not to be detained, except as a measure of last resort, and when detained, to be held-

i. only for such period of time as is necessary; and

ii. separate from adults, and in conditions that take account of the child's sex and age.

2. The best interests of a child are the primary consideration in every matter concerning the child.

42. Rights of persons with disabilities

1. A person with any disability has the right-

a. to reasonable access to all places, public transport and information;

b. to use sign language, Braille or other appropriate means of communication; and

c. to reasonable access to necessary materials, substances and devices relating to the person's disability.

2. A person with any disability has the right to reasonable adaptation of buildings, infrastructure, vehicles, working arrangements, rules, practices or procedures, to enable their full participation in society and the effective realisation of their rights.

3. To the extent that it is necessary, a law or an administrative action taken under a law may limit, or may authorise the limitation of, the rights set out in this section.

74. Power to call for evidence

1. Parliament, and each of its committees, has the power to summon any person to appear before it for the purpose of giving evidence or providing information.

2. For the purposes of subsection (1), Parliament and each of its committees has the same powers as the High Court to-

a. enforce the attendance of witnesses and examine them on oath, affirmation or otherwise; and

b. compel the production of documents or other materials or information as required for its proceedings.

123. Values and principles

The values and principles of State service include-

a. high standards of professionalism, including professional ethics and integrity;

b. prompt and faithful implementation of Government policies and administration of laws;

c. being free from corruption;

d. efficient, effective and economic use of public resources;

e. prompt response to requests and questions from the public, and delivery of service to the public, in a manner that is respectful, effective, impartial, fair, and equitable;

f. accountability for administrative conduct;

g. transparency, including-

i. timely, accurate disclosure of information to the public; and

ii. prompt, complete and candid reporting to Parliament, as required by law;

h. cultivation of good human resource management and career development practices, to maximise human potential; and

i. recruitment and promotion based on-

i. objectivity, impartiality and fair competition; and

ii. ability, education, experience and other characteristics of merit.

153. Reserve Bank of Fiji

1. The Reserve Bank of Fiji is the central bank of the State, whose primary objects are-

a. to protect the value of the currency in the interest of balanced and sustainable economic growth;

b. to formulate monetary policy;

c. to promote price stability;

d. to issue currency; and

e. to perform other functions conferred on it by a written law.

Facts of Fiji's Constitution

Preamble

WE, THE PEOPLE OF FIJI,

RECOGNISING the indigenous people or the iTaukei, their ownership of iTaukei lands, their unique culture, customs, traditions and language;

RECOGNISING the indigenous people or the Rotuman from the island of Rotuma, their ownership of Rotuman lands, their unique culture, customs, traditions and language;

RECOGNISING the descendants of the indentured labourers from British India and the Pacific Islands, their culture, customs, traditions and language; and

RECOGNISING the descendants of the settlers and immigrants to Fiji, their culture, customs, traditions and language,

22. Freedom of religion, conscience and belief

4. Every religious community or denomination, and every cultural or social community, has the right to establish, maintain and manage places of education whether or not it receives financial assistance from the State, provided that the educational institution maintains any standard prescribed by law.

5. In exercising its rights under subsection (4), a religious community or denomination has the right to provide religious instruction as part of any education that it provides, whether or not it receives financial assistance from the State for the provision of that education.

6. Except with his or her consent or, in the case of a child, the consent of a parent or lawful guardian, a person attending a place of education is not required to receive religious instruction or to take part in or attend a religious ceremony or observance if the instruction, ceremony or observance relates to a religion that is not his or her own or if he or she does not hold any religious belief.

28. Rights of ownership and protection of iTaukei, Rotuman and Banaban lands

1. The ownership of all iTaukei land shall remain with the customary owners of that land and iTaukei land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the State in accordance with section 27.

2. Any iTaukei land acquired by the State for a public purpose after the commencement of this Constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the State.

3. The ownership of all Rotuman land shall remain with the customary owners of that land and Rotuman land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the State in accordance with section 27.

4. Any Rotuman land acquired by the State for a public purpose after the commencement of this Constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the State.

5. The ownership of all Banaban land shall remain with the customary owners of that land and Banaban land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the State in accordance with section 27.

6. Any Banaban land acquired by the State for a public purpose after the commencement of this Constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the State.

29. Protection of ownership and interests in land

1. All ownership of land, and all rights and interests in land leases and land tenancies that existed immediately before the commencement of this Constitution shall continue to exist under this Constitution.

2. No law shall be made to diminish or adversely affect the rights and interests in land leases and land tenancies, whether existing immediately before the commencement of this Constitution or made or issued after the commencement of this Constitution.

3. All land lessees and land tenants have the right not to have their land leases or land tenancies terminated other than in accordance with their land leases or land tenancies.

4. Parliament and Cabinet, through legislative and other measures, must ensure that all land leases and land tenancies provide a fair and equitable return to the landowners whilst protecting the rights of land lessees and land tenants, including security and protection of tenure of land leases and land tenancies and terms and conditions of land leases and land tenancies which must be just, fair and reasonable.

5. All land that existed as freehold land immediately before the commencement of this Constitution shall remain as freehold land even if it is sold or purchased, unless it is sold to the State or is acquired by the State for a public purpose under section 27.

6. For the purposes of this section-

• "land leases" or "land tenancies" includes sub-leases, sub-tenancies and tenancies-at-will, but shall not include leases, agreements or tenancies for any building, structure or dwelling, whether used for residential, commercial, industrial or for tourism purposes, and shall not include any leases, agreements or tenancies for any fixture, equipment, plant or fittings on any land; and

• "land lessees" or "land tenants" includes sub-lessees, sub-tenants or tenants- at-will of land leases or land tenancies.

30. Right of landowners to fair share of royalties for extraction of minerals

1. All minerals in or under any land or water, are owned by the State, provided however, that the owners of any particular land (whether customary or freehold), or of any particular registered customary fishing rights shall be entitled to receive a fair share of royalties or other money paid to the State in respect of the grant by the State of rights to extract minerals from that land or the seabed in the area of those fishing rights.

2. A written law may determine the framework for calculating fair shares under subsection (1), taking into account all relevant factors, including the following-

a. any benefit that the owners received or may receive as a result of mineral exploration or exploitation;

b. the risk of environmental damage;

c. any legal obligation of the State to contribute to a fund to meet the cost of preventing, repairing or compensating for any environmental damage;

d. the cost to the State of administering exploration or exploitation rights; and

e. the appropriate contribution to the general revenue of the State to be made by any person granted exploration or exploitation rights.

Review of 193 Constitutions

Constitution of Fiji