Fiji's Relationship with India: the Answer to Or the Source of Fiji's Problems?
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The Case of Fiji
University of Michigan Journal of Law Reform Volume 25 Issues 3&4 1992 Democracy and Respect for Difference: The Case of Fiji Joseph H. Carens University of Toronto Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Comparative and Foreign Law Commons, Cultural Heritage Law Commons, Indian and Aboriginal Law Commons, and the Rule of Law Commons Recommended Citation Joseph H. Carens, Democracy and Respect for Difference: The Case of Fiji, 25 U. MICH. J. L. REFORM 547 (1992). Available at: https://repository.law.umich.edu/mjlr/vol25/iss3/3 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. DEMOCRACY AND RESPECT FOR DIFFERENCE: THE CASE OF FIJI Joseph H. Carens* TABLE OF CONTENTS Introduction ................................. 549 I. A Short History of Fiji ................. .... 554 A. Native Fijians and the Colonial Regime .... 554 B. Fijian Indians .................. ....... 560 C. Group Relations ................ ....... 563 D. Colonial Politics ....................... 564 E. Transition to Independence ........ ....... 567 F. The 1970 Constitution ........... ....... 568 G. The 1987 Election and the Coup .... ....... 572 II. The Morality of Cultural Preservation: The Lessons of Fiji ................. ....... 574 III. Who Is Entitled to Equal Citizenship? ... ....... 577 A. The Citizenship of the Fijian Indians ....... 577 B. Moral Limits to Historical Appeals: The Deed of Cession ............. ....... 580 * Associate Professor of Political Science, University of Toronto. -
History of Inter-Group Conflict and Violence in Modern Fiji
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Sydney eScholarship History of Inter-Group Conflict and Violence in Modern Fiji SANJAY RAMESH MA (RESEARCH) CENTRE FOR PEACE AND CONFLICT STUDIES UNIVERSITY OF SYDNEY 2010 Abstract The thesis analyses inter-group conflict in Fiji within the framework of inter-group theory, popularised by Gordon Allport, who argued that inter-group conflict arises out of inter-group prejudice, which is historically constructed and sustained by dominant groups. Furthermore, Allport hypothesised that there are three attributes of violence: structural and institutional violence in the form of discrimination, organised violence and extropunitive violence in the form of in-group solidarity. Using history as a method, I analyse the history of inter-group conflict in Fiji from 1960 to 2006. I argue that inter- group conflict in Fiji led to the institutionalisation of discrimination against Indo-Fijians in 1987 and this escalated into organised violence in 2000. Inter-group tensions peaked in Fiji during the 2006 general elections as ethnic groups rallied behind their own communal constituencies as a show of in-group solidarity and produced an electoral outcome that made multiparty governance stipulated by the multiracial 1997 Constitution impossible. Using Allport’s recommendations on mitigating inter-group conflict in divided communities, the thesis proposes a three-pronged approach to inter-group conciliation in Fiji, based on implementing national identity, truth and reconciliation and legislative reforms. ACKNOWLEDGMENTS This thesis is dedicated to the Indo-Fijians in rural Fiji who suffered physical violence in the aftermath of the May 2000 nationalist coup. -
Chiefly Leadership in Fiji After the 2014 Elections Stephanie Lawson
3 Chiefly leadership in Fiji after the 2014 elections Stephanie Lawson ‘Chiefdoms are highly variable, but they are all about power.’ (Earle 2011, p. 27) Introduction The last quarter century has seen a significant decline of chiefly influence in Fiji’s politics, albeit with some periods of enhanced status for the paramount symbol of indigenous Fijian traditionalism, the Great Council of Chiefs (GCC). This body, however, was abolished by decree under the military regime of Commodore Josaia Voreqe (Frank) Bainimarama in March 2012. The September 2014 elections held prospects for the restoration of chiefly authority and the role of traditionalism through the Social Democratic Liberal Party (SODELPA) led by Ro Teimumu Vuikaba Kepa, holder of a prominent chiefly title. A victory by SODELPA would also have seen the restoration of the GCC. With SODELPA’s resounding defeat by Bainimarama’s FijiFirst Party, such prospects have received a significant blow. This chapter provides an account of chiefly leadership in national politics, beginning with a survey of Fiji’s colonisation, the role of chiefs in the British colonial regime generally, and their domination 41 THE PEOPLE Have SPOKEN of national politics up until 1987. The second section reviews the political dynamics surrounding chiefly leadership from 1987 until the Bainimarama-led coup of 2006. The final sections examine chiefly involvement in national politics in the lead-up to the 2014 elections and prospects for the future of traditional chiefly political leadership which, given the results, look somewhat bleak. British colonialism and chiefly rule In contrast with many other parts of the world, where colonial rule was imposed by force, the paramount chiefs of Fiji petitioned the British to establish a Crown Colony. -
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Politics of Accommodation, Power Sharing and Consociational Democracy Dr. Mohd Foad Sakdan Dr. Oemar Hamdan Political of Accommodation The concept of accommodation refers to pragmatic solution to divisive conflicts by abandoning the principles of unilateral majority decisions and including representatives of the main group in the organs of government and decision marking. The political of accommodation is based mainly on a recognition of the need for political stability, and not necessarily on a recognition in principle of the right of all group in society to participation, representation and equal status. Therefore, the more societal and political a particular group has, the more willingness there will be to consider it as a partner to the politics of accommodation.1 The political potential of a group is not determined exclusively or even mainly by its electoral achievements or even its coalition bargaining position. Other important factors are recognition of the legitimacy of the value and interests represented by group and acceptance of the group as part of the social and cultural consensus. Meanwhile, political stability in the country has been attributed to the political system that could be called `an elite accommodation model' or `consociational model' in which each ethnic community is unified under a leadership that can authoritatively bargain for the interests of that community. The leaders of each community, in turn, have the capacity to secure compliance and legitimacy for the bargains that are reached by elite negotiations. Under such circumstances, there exists sufficient trust and empathy among the elite to be sensitive to the most vital concerns of other ethnic communities. -
Confronting Fiji Futures
CONFRONTING FIJI FUTURES EDITED BY A. HAROON AKRAM-LODHI Published by ANU eView The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at eview.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Confronting Fiji futures / A Haroon Akram-Lodhi (editor). ISBN: 9781921934292 (paperback) 9781921934308 (ebook) Subjects: Fiji--Politics and government. Fiji--Economic conditions. Fiji--Social conditions. Other Creators/Contributors: Akram-Lodhi, A. Haroon (Agha Haroon), 1958- editor. Dewey Number: 320.099611 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU Press. Cover photograph by M M (padmanaba01): www.flickr.com/photos/43423301@N07/3997565309/ First published 2000 by Asia Pacific Press This edition © 2016 ANU eView Stop Press Confronting the Present: The Coup of May 2000 A Haroon Akram-Lodhi On 19 May 2000, as With widespread doubt community politics that it ConfrontingFiji Futures went about who was in charge of suggested was not universal. to press, a group of 7 men the country, the Great It can be argued that the armed with machine guns Council of Chiefs met. On25 failure of the senior entered the Parliamentary May, following an intensely members of the government Complex in Suva. They took divided meeting, the council to recognise and seek to the Prime Minister, authorised the President to strengthen the fragility of Mahendra Chaudhry, establish, pending the the political consensus members of the Cabinet, and release of the hostages and helped create a climate that other members of the Fiji the resignation of the Prime made the coup possible. -
5. Fragments from a Fiji Coup Diary
DIVERSITY, IDENTITY AND THE MEDIA 5. Fragments from a Fiji coup diary ABSTRACT Fiji has endured four coups in the past 22 years. On 10 April 2009, President Ratu Josefa Iloilo suspended the Constitution, sacked the judi- ciary, postponed any general election until 2014 and appointed himself as head of state. He reinstated 2006 coup leader Commodore Voreqe Bainimarama as interim Prime Minister, who in turn reappointed his cabi- net in defiance of international condemnation. A censorship crackdown on the media and civil society followed. The author is a media educator and journalist who worked for a total of 11 years at the University of the South Pacific, including experiencing both the 2000 and the 2006 coups. He later returned to Fiji as social media educator for the National Council for Building a Better Fiji (NCBBF). The Council was critical of the media during the period it developed a draft of the People’s Charter. It recom- mended changes to the law to establish a Media Tribunal, which was also planned to encourage qualified local personnel for editorial, subeditorial and publisher positions; provide a wide diversity of local programmes for television media and develop community radio and community television through a media tax. While the People’s Charter was seen as a neces- sary and constructive contribution to the future of Fiji, the leadership of Bainimarama was questioned after the repeal of the constitution. This arti- cle, opening with the author’s open letter to Bainimarama after the Easter putsch, offers reflections from a coup diary. PATRICK CRADDOCK Media educator, New Zealand AN open letter to the interim regime leader of the Republic of Fiji: ear Commodore Voreqe Bainimarama, So—only good news can be reported. -
Public Order and the Bill of Rights in Fiji: R. V. Butadroka* 1
169 Public order and the Bill of Rights in Fiji: R. v. Butadroka*1 Helen Aikman* In 1977, Sakeasi Butadroka, a prominent Fijian politician, was charged with unlawful assembly, with having made statements likely to prejudice the public peace, and with having counselled disobedience to the law under the Fiji Public Order Ordinance 1969. His trial raised important questions about the conflict between the Government's duty to maintain public order, and the constitutional guarantees of freedom of speech and assembly. This article examines the Bill of Rights contained in the Fiji Constitution, and compares it with similar legislation in other countries. I. THE FIJI BILL OF RIGHTS Fiji’s present constitution was adopted in 1970, the year in which Fiji became an independent country within the British Commonwealth.2 The Fiji Constitution was drafted in terms very similar to those of many other new Commonwealth constitutions, particluarly those of Nigeria and Mauritius, and therefore borrowed significantly from the European Convention on Human Rights. In following the pattern of these other countries, Fiji rejected the tradit ional doctrine of the supremacy of Parliament in favour of the supremacy of a constitution containing an entrenched Bill of Rights. Section 2 of the Fiji Constitution reads: This Constitution is the supreme law of Fiji and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. Further, section 52 states: “Subject to the provisions of the Constitution, Parliament may make laws for the peace, order and good government of Fiji.” * B.A. -
Fiji 2015 Human Rights Report
FIJI 2015 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Following eight years of military rule, Fiji held general elections in September 2014. In a contest deemed credible and “broadly reflecting the will of the Fijian people” by the Australian-led Multinational Observer Group, citizens elected 50 new parliamentarians. Josaia Voreqe (Frank) Bainimarama’s Fiji First party won 32 of the seats, and he was sworn in as prime minister. Civilian authorities regained effective control over the security forces after the general elections. The leading human rights problems included police and military abuse of persons in custody; restrictions on freedoms of speech, assembly, and movement; and restrictions on trade union and collective bargaining rights as well as strict limitations on the ability of workers in certain sectors to strike. Other human rights problems included prison conditions, government corruption, violence and discrimination against women, sexual exploitation of children, and deep ethnic divisions. The government failed to prosecute or punish some security forces officials who committed abuses, but it prosecuted or punished most officials who committed abuses elsewhere in the government. Impunity was a problem. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary or Unlawful Deprivation of Life There were no reports that the government or its agents committed arbitrary or unlawful killings. Police reportedly killed one person in custody in 2014. Police officers detained robbery suspect Vilikesa Soko on August 17, 2014, and he died in the hospital on August 19 as the result of an alleged assault while in custody. The media reported the autopsy showed evidence of multiple organ failure, rectal and penile injuries, blood clots in the lung, extensive internal injuries, and bacterial blood infection. -
The 1965 Constitutional Conference
4. The 1965 Constitutional Conference The stand-off between Sir Derek Jakeway and A. D. Patel took place during a familiarisation visit to Fiji by parliamentary undersecretary of state, Eirene White, in what was now a Labour government in Britain. Her task was to report back on issues that might be raised at the forthcoming constitutional conference. She heard a wide range of opinion: from Muslims about separate representation, from Fijians about their special interests Ð including political leadership of the country Ð from the ever mercurial Apisai Tora about deporting Indo-Fijians as Ceylon and Burma had done, from the Council of Chiefs reiterating the terms of the Wakaya Letter, from Indian leaders about common roll and the need to promote political integration, from journalist Alipate Sikivou expressing the Fijian nationalist line that the Indians could always go back to India, the Chinese to China and the Rotumans and other islanders to their respective islands but the Fijians, the indigenous people, had Fiji as their only home. Sikivou was not alone in holding such extreme views. Many others were of the view that, as Ratu Penaia Ganilau and Ratu George Cakobau had said in 1961, at independence, Fiji should be returned to the Fijians. As Uraia Koroi put it at a meeting of the Fijian Association in January 1965, chaired by Ratu Mara, `Fijians were determined to achieve this claim of right [returning Fiji to Fijians] at the cost of their lives. Bloodshed would mean nothing if their demands were not acceptable to other races in the Colony.'1 -
Elections and Politics in Contemporary Fiji
Chiefs and Indians: Elections and Politics in Contemporary Fiji Brij V. Lal 1he Republic of Fiji went to the polls in May 1992, its first election since the military coups of 1987 and the sixth since 1970, when the islands became independent from Great Britain. For many people in Fiji and out side, the elections were welcome, marking as they did the republic's first tentative steps toward restoring parliamentary democracy and interna tional respectability, and replacing rule by decree with rule by constitu tionallaw. The elections were a significant event. Yet, hope mingles eerily with apprehension; the journey back to genuine representative democracy is fraught with difficulties that everyone acknowledges but few know how to resolve. The elections were held under a constitution rejected by half of the pop ulation and severely criticized by the international community for its racially discriminatory, antidemocratic provisions. Indigenous Fijian po litical solidarity, assiduously promoted since the coups, disintegrated in the face of the election-related tensions within Fijian society. A chief-spon sored political party won 30 of the 37 seats in the 7o-seat House of Repre sentatives, and was able to form a government only in coalition with other parties. Sitiveni Rabuka, the reluctant politician, became prime minister after gaining the support of the Fiji Labour Party, which he had over thrown in 1987, and despite the opposition of his predecessor and para mount chief of Lau, Ratu Sir Kamisese Mara. In a further irony, a consti tutional system designed to entrench the interests of Fijian chiefs placed a commoner at the national helm. -
The Experiences of Indo-Fijian Immigrant Women in California
LOOKING BACKWARD, MOVING FORWARD: THE EXPERIENCES OF INDO-FIJIAN IMMIGRANT WOMEN IN CALIFORNIA A Thesis Presented to The Faculty of the Department of Anthropology San José State University In Partial Fulfillment Of the Requirements for the Degree Master of Arts by Ambrita Nand December 2015 © 2015 Ambrita Nand ALL RIGHTS RESERVED The designated Thesis Committee Approves the Thesis Titled LOOKING BACKWARD, MOVING FORWARD: THE EXPERIENCES OF INDO-FIJIAN IMMIGRANT WOMEN IN CALIFORNIA by Ambrita Nand APPROVED FOR THE DEPARTMENT OF ANTHROPOLOGY SAN JOSÉ STATE UNIVERSITY December 2015 Dr. Chuck Darrah Department of Anthropology Dr. James Freeman Department of Anthropology Dr. Roberto Gonzalez Department of Anthropology ABSTRACT LOOKING BACKWARD, MOVING FORWARD: THE EXPERIENCES OF INDO- FIJIAN IMMIGRANT WOMEN IN CALIFORNIA This study helps address gaps in knowledge concerning the lives of Indo-Fijian immigrant women in California and offers a space for their voices to be heard. The subsequent chapters investigate the lives of five Indo-Fijian immigrant women and their experiences upon migrating to Modesto, California. Using a qualitative research approach, data were collected through participant-observations, semi-structured in-depth interviews and informal conversations. The data are presented as anthropological silhouettes, a form of life-writing (the recording of events and experiences of a life), which explores each individual woman’s experience with life in Fiji to her eventual migration and transition to life in California. The study reveals heterogeneity amongst the women’s experiences and perspectives as well as commonalities that arise in their collective experiences as Indo-Fijian immigrant women residing in the city of Modesto. Overall, the anthropological silhouettes reveal that migration has led to shifts in the women’s identities and their prescribed gender roles. -
Lowy Poll FIJI
Lowy Institute Fiji Poll 2011 Fiji at Home and in the World PUBLIC OPINION AND FOREIGN POLICY Jenny Hayward-Jones Fiji at Home and in the World Executive Summary The Lowy Institute Fiji Poll reports the results of a cent said the Fiji government was doing a good job preparing face-to-face opinion survey conducted in Fiji between to draft a new constitution, 52% said the government was 19 and 21 August 2011 using a sample of 1,032 adults doing a good job making progress towards elections and randomly selected from the major urban and peri-urban 51% said the government was doing a good job reforming areas of Viti Levu (the main island of Fiji). the electoral system. A significant majority (66%) of Fiji people said the Church Fiji and the World should not be involved in politics. Most Fiji people were positive about the importance of While overall approval for the current key role of the Fiji maintaining good foreign relationships, particularly with military was high at 68%, support for a long-term role for traditional partners such as Australia, New Zealand, the the military in Fiji’s politics was lower at 52%. United States and United Kingdom. They also recognised the value of relationships with Asian economic powers – There was near universal support in Fiji for some of the China, Japan and India. basic tenets of democracy, with over 95% overall support for the importance of the right to free expression, the right Although the Fiji government has worked hard on its to vote in national elections, the right to a fair trial, and a relationships with fellow Melanesian countries, Papua New media free from censorship.