Page 28 - IB January 2024

Politics

demonstrated the government’s attachment to defending the
elitist traditional hierarchy. As Aiyaz Sayed-Khaiyum warned in
his resignation letter, Fiji risks sliding into “social dislocation,
growing poverty, discrimination, elitism, cronyism,
clientelism, neglect of the marginalised, and hate rhetoric.”
Rabuka’s government has trodden cautiously on the 2013
Constitution, aware that any amendment requires a ‘three
quarters’ majority of registered voters in a referendum.
Although three prominent militants, Ratu Inoke Takiveikata,
Timoci Silatolu and Joe Nata, imprisoned for their part in the
2000 coup debacle and the subsequent mutiny at the Queen
Elizabeth Barracks were granted presidential pardons in mid-
December, failed coup leader George Speight has not been
released from prison, avoiding a likely source of friction with Former Attorney General Aiyaz Sayed-Khaiyum (left) and former PM Voreqe
Bainimarama … a much changed situation. Photo: Government of Fiji
the Republic of Fiji Military Forces (RFMF) for whom defeat of
the 2000 putsch was hugely symbolic. The Attorney General’s the government from initiating a constitutional review to
poor handling of the failed court case against Bainimarama canvass opinion on a new legal framework, even if reform
and police chief Sitiveni Qiliho for allegedly perverting the awaits a second term. In the meantime, much depends on the
course of justice was the major reason for an attempted coalition between the People’s Alliance Party and the National
reshuffle of Cabinet in October, also moving the Minister of Federation Party holding firm into the next election, which
Education to the Fijian Affairs Ministry. But this was badly could potentially be fought on the constitutional amendment
mishandled. issue.
The intended incoming Attorney General, Filimoni Vosarogo, As for SODELPA, the third governing coalition partner, it can
had pleaded guilty to professional misconduct before the count itself fortunate to be in government. It lost half its MPs
Legal Services Commission in 2013, 2017 and 2022 and was even before the 2022 polls and its management committee
therefore legally prohibited from serving as the government’s split down the middle over which side to back to form a
chief legal advisor. Nor was this the only such ill-advised government. SODELPA benefitted from the 2014 shift to a
appointment. The Fiji Law Society is expected to mount other proportional representation system. It only narrowly squeaked
challenges to the government’s appointees in the law and over the 5% threshold. Under the old electoral system, it
justice sector in the New Year. would have suffered the same fate as befell the SVT party in
Being tied down by the 2013 Constitution has proved a 2001 and lost all its seats.
mixed blessing. The extravagant powers it grants to the Prime There is much that the current government can achieve
Minister and his Attorney General were devised with the without constitutional reform. Restoring the assessor system,
previous officeholders in mind, but these now benefit their a precursor to trial by jury, would strengthen the rule of law.
successors. Its absence of robust checks and balances weakens Government is committed to municipal elections in 2024,
the Opposition, as became apparent when Bainimarama tried which will reinforce the local-level bases of the country’s
unsuccessfully to challenge suspensions of his government’s governing parties. A planned Truth and Reconciliation
officeholders through the Constitutional Offices Commission. Commission might diminish festering grievances, but this
Yet the 2013 Constitution remains a huge imposition on the will count for little unless there emerges a unified hostility
people of Fiji. It was drawn up behind closed doors by the to the repeated use of coups to achieve political objectives.
former Attorney General. It is a constitution written in the More needs to be done to attract support from the Fiji-
name of ‘We, the people of Fiji …’ but ‘the people’ played no Indian community, for example, by strengthening provisions
meaningful part in its formulation. No elected politicians were for land leasing and by avoiding cronyism in government.
involved. It was never put to a popular vote. The Bainimarama High rates of out-migration, particularly of skilled workers,
government even breached its own decrees by ditching the need to be slowed, but that depends on sound economic
‘constituent assembly’ that had been intended to review the management. Much has changed over the last year in Fiji. At
2012 draft. no previous point in Fiji’s history has the future shape of the
But what can be done? Some ministers talk of a potential country’s politics looked so uncertain. The critical issues and
judicial review, recalling the 2001 Chandrika Prasad case protagonists at the 2026 election will look very different to
which resurrected the 1997 Constitution. But Fiji’s current those of December 2022.
judges have all sworn an oath of allegiance to the 2013
Constitution whereas those on the Court of Appeal in 2001 had Jon Fraenkel is a Professor of Comparative Politics at Victoria
all signed up under the 1997 Constitution. No judge is likely to University of Wellington.
rule unlawful a constitution he or she has promised to uphold.
In any case, a government with only a one-seat majority The opinions expressed in this article are those of the
lacks a mandate to draw up a new constitution. That does author and do not necessarily reflect the opinions of this
not mean that its hands are tied. Nothing in law prevents publication.

28 Islands Business, January 2024