People's Charter for Change, Peace and Progress

The People's Charter for Change, Peace and Progress (initially, People's Charter for Change and Progress) is a proposed legal document which would complement the Constitution of the Republic of the Fiji Islands. It would establish compulsory guidelines for any government policy in Fiji over the coming years. The People's Charter is due to be completed and come into force prior to the scheduled 2009 general election.

A draft version of the Charter was released to the public in early August 2008. Input from the public will be received in August and September. Council member Filimoni Kau has stated that objections will be considered, but that the Charter will go ahead in any case. [ [http://www.rnzi.com/pages/news.php?op=read&id=41230 "Fiji’s Council for Building a Better Fiji close to release of draft charter"] , Radio New Zealand International, July 31, 2008]

Context

The People's Charter is the brainchild of current interim Prime Minister Frank Bainimarama, head of the Republic of Fiji Military Forces, who overthrew the elected Prime Minister Laisenia Qarase in December 2006. Bainimarama alleged that Qarase was corrupt and racist, and declared that a People's Charter was necessary in order to prevent corruption and racism within future elected governments.

Content and aims of the Charter

tated objective

In April 2007, a draft version of the Charter was published [ [http://www.fiji.gov.fj/uploads/charter.doc "Building a Better Fiji for All through a People's Charter for Change and Progress"] , Fiji government website, April 2007] . The draft, intended as a general presentation of the future Charter's aims, began with a statement that "Fiji’s politics and overall governance have been dominated by and deeply mired in divisive, race-based politics, policies, and institutions". Consequently, the text authors state, "Fiji needs to become a more progressive and a truly democratic nation; a country in which its leaders, at all levels, emphasize national unity, racial harmony and the social and economic advancement of all communities regardless of race or ethnic origin."

The overall objective of the Charter is defined as follows::"To rebuild Fiji into a non-racial, culturally-vibrant and united, well-governed, truly democratic nation that seeks progress, and prosperity through merit-based equality of opportunity, and peace."

Much emphasis is laid on the necessity to prioritise national unity over the politics of separate ethnic communities.

In August 2008, shortly before the Charter was due to be released to the public, it was announced that it recommended a change in the name of Fiji's citizens. If the proposal were adopted, all citizens of Fiji, whatever their ethnicity, would be called "Fijians". At present, the word "Fijian" does not denote a nationality, and refers exclusively to indigenous Fijians. Citizens of Fiji are referred to as "Fiji Islanders". The proposal would change the English name of indigenous Fijians from "Fijians" to "itaukei", the Fijian word for indigenous Fijians. [ [http://www.fijilive.com/news_new/index.php/news/show_news/7352 "Charter proposes common Fijian name"] , August 4, 2008]

hort-term consequences

Commodore Bainimarama has said that the People's Charter will prevent any candidate for the 2009 general election from campaigning on racist and divisive policies. Such candidates would be barred from taking part in the election.

:"That will be taken care of by the charter so if anybody with Qarase-like policies comes in, the charter will automatically remove them." [ [http://www.smh.com.au/news/World/Australia-NZ-snubbed-me-Fiji-leader/2007/10/18/1192300940720.html Fiji's coup leader 'to bar PM from poll'] , "Sydney Morning Herald", 18 October, 2007.]

Asked by a journalist whether Qarase would be allowed to take part in the election, Bainimarama said he would: "That is also in the commitment we had yesterday and that was [sic] always been there" ["see reference note 2"] .

In May 2008, Bainimarama added that the military would enforce future governments' compliance with the provisions of the Charter. [ [http://www.fijivillage.com/?mod=story&id=22050887f41fd0485f9d94a35ac552 "Agree With Charter Or No Elections"] , FijiVillage, May 22, 2008]

Methodology

The Charter is to be prepared by a National Council for Building a Better Fiji (NCBBF), supposed to be "broadly representative of Fiji society (including leaders and representatives from the civil society including NGOs, the private sector, religious and community organisations, employers/workers and youth organisations, and the political parties)" ["see reference note 2"] .

The NCBBF held its first meeting on January 16, 2008. It reportedly began with an "in depth" assessment of the state of the nation [ [http://www.rnzi.com/pages/news.php?op=read&id=37306 "Membership for National Council for Building a Better Fiji grows"] , Radio New Zealand International, 4 January, 2008] [ [http://www.fijilive.com/news_new/index.php/news/show_news/1140 "Fiji council members revealed"] , Fiji Live, 16 January, 2008] [ [http://www.fijilive.com/news_new/index.php/news/show_news/1144 "'Charter will not replace Fiji Constitution'"] , Fiji Live, 17 January, 2008] [ [http://www.fijilive.com/news_new/index.php/news/show_news/1141 "PM explains where Fiji went wrong"] , Fiji Live, 16 January, 2008] [ [http://www.radiofiji.com.fj/fullstory.php?id=7501 "Fiji’s National Council members"] , Fiji Broadcasting Corporation Ltd, 16 January, 2008] .

Officially, the NCBBF's work on the Charter is overseen by an independent monitoring group, which reports directly to President Ratu Josefa Iloilo. The monitoring group is chaired by Sela Molisa, a member of the Parliament of Vanuatu. Reverend Amy Chambers is also a member of the monitoring group. [ [http://www.fijitimes.com/story.aspx?id=91956 "Vanuatu MP to monitor charter"] , "Fiji Times", June 12, 2008] The NCBBF itself is composed of three task teams, one (co-chaired by Ratu Josefa Serulagilagi and Attorney General Aiyaz Sayed-Khaiyum) tasked with focusing on good governance, another (co-chaired by Ratu Josateki Nawalowalo and Finance Minister Mahendra Chaudhry) on economic growth, and the third (co-chaired by Lorrine Tevi and Health Minister Dr. Jiko Luveni) on "social cultural identity and nation building." [ [http://www.flp.org.fj/n080723.htm "Flawed democracy"] , Fiji Labour Party website, July 23, 2008]

On June 24, 2008, the NCBBF made several recommendations, all of them in line with Bainimarama's original aims. These included:
* abolishing communal electoral rolls, and replacing them with proportional representation
* abolishing compulsory voting
* reducing the voting age to 18
* new anti-discrimination laws. [ [http://www.fiji.gov.fj/publish/page_12163.shtml "Fourth NCBBF communique"] , Fiji government press release, June 24, 2008]

The NCBBF advocated implementing electoral reforms before holding any election. A representative of the Council stated: "The NCBBF is of the firm view that change is long overdue and that Fiji urgently needs a new electoral system based on equal suffrage - that is one person, one vote, equal value." [ [http://news.smh.com.au/world/no-fiji-vote-before-electoral-reform-20080624-2w19.html "No Fiji vote 'before electoral reform'"] , AAP, June 24, 2008]

On August 5, 2008, the NCBBF announced that it had endorsed a draft Charter document, which was to be released shortly thereafter. Fijilive reported that the NCBBF planned to "gauge the views of the people on the draft Charter via a public awareness campaign over the next six weeks". Meetings would be held in public venues, the Charter would be advertised in the media, and there would be "consultations by public relations teams at grassroots level in all the villages and settlements throughout the country". [ [http://www.fijilive.com/news_new/index.php/news/show_news/7392 "NCBBF endorses draft Peoples’ Charter"] , Fijilive, August 5, 2008]

Implementation

It remains unclear how the People's Charter will be officially implemented. The interim government has announced that the public will be consulted, but no official reference to a referendum has been made. Legally, if the Charter is deemed to alter the Constitution, it could only be adopted by a two thirds majority of elected members of Parliament. Parliament is currently not in session, having been dismissed after the coup. [ [http://www.smh.com.au/news/world/charter-will-end-ethnic-dominance/2008/08/06/1217702143784.html "Charter will end ethnic dominance"] , "Sydney Morning Herald", August 7, 2008] Deposed Prime Minister Laisenia Qarase, who opposes the Charter, has, however, stated that a referendum would constitute legal validation. [ [http://www.fijitimes.com/story.aspx?id=97257 "Qarase: Let people decide"] , "Fiji Times", August 8, 2008]

Content

The People's Charter was released to the public on August 6, 2008. Among its key proposals were the following: [ [http://fijidailypost.com/news.php?section=1&fijidailynews=18047 "People’s Charter Insight"] , "Fiji Daily Post", August 7, 2008]
* addressing the root causes of coups through political, social and economic reform;
* toughening the sanctions against coups;
* building "conflict resolution mechanisms for groups and individuals affected by coups";
* empowering courts to penalise or dissolve political parties which "engage in activities that breach important values of the constitution";
* establishing "civic programmes to raise public awareness about the injustice and illegality coups and issues of democracy and good governance";
* ensuring a separation between Church and State;
* enhancing and facilitating "public participation in all aspects of governments";
* enacting a Code of Conduct for government leaders;
* reforming land legislation to facilitate general access to land use, while maintaining and enhancing indigenous landowners’ rights;
* officialising the military's role in overseeing the governing of the country;
* introducing a one-man, one-vote electoral system, to replace the communal electoral rosters.

In addition, specific proposals aimed at promoting national unity and reducing inter-ethnic divisiveness [ [http://www.fijitimes.com/story.aspx?id=97186 "Charter proposes common name"] , "Fiji Times", August 7, 2008] :
* changing the official demonym of Fiji's inhabitants from "Fiji Islander" to "Fijian", a term currently applied only to indigenous Fijians;
* promoting interfaith dialogue;
* teaching both the Fijian language and Hindi in schools, so as to promote multiculturalism;
* instituting a national anthem in the country's three main languages: Fijian, Hindi and English.

Criticism and support

Prior to publication

The proposed Charter received strong support from the head of the Roman Catholic Church in Fiji, Archbishop Petero Mataca, who became co-chair (with Commodore Bainimarama) of the National Council for Building a Better Fiji. However, others were more cautious, noncommittal or openly critical. Fiji Women's Crisis Centre coordinator Shamima Ali declined to comment. Fiji's Citizens Constitutional Forum continued to oppose the military coup, calling it unjustifiable, but in response to the proposed Charter, said there is "a serious need to re-look at problems to find solutions to move the country forward". [ [http://www.ccf.org.fj/speech_detail.php?speech_id=4&PHPSESSID=1874354f38f7fd217a67e0e92a5bdc91 "Launch of the National Council for Building a Better Fiji"] , Citizens Constitutional Forum, October 10, 2007]

The National Federation Party and the Soqosoqo Duavata ni Lewenivanua Party both opposed the idea of a People's Charter implemented by an unelected government [ [http://www.aucklandfiji.org.nz/news_view.asp?newsid=149 "People's Charter for Change and Progress launched"] , Losalini Dulakiverata, 11 October, 2007] . Fiji’s Methodist Church, to which a majority of indigenous Fijians belong, also opposed the Charter [ [http://www.rnzi.com/pages/news.php?op=read&id=32986 "Fiji Methodists push for return to democracy"] , Radio New Zealand International, 14 June, 2007] . The Fiji Labour Party supported it. [ [http://www.flp.org.fj/n080723c.htm "Labour supports reforms to the electoral system"] , Labour Party website, July 23, 2008]

Samisoni Pareti of the magazine "Islands Business" expressed doubt as to whether elections could be held as promised in early 2009 if the interim government insisted on having the People's Charter in place before the election. In Pereti's view, the Charter would not be completed in time, and Bainimarama might have to choose between postponing the election (and thus sparking the ire of the international community) or abandoning his People's Charter [ [http://www.islandsbusiness.com/fiji_business/index_dynamic/containerNameToReplace=MiddleMiddle/focusModuleID=17778/overideSkinName=issueArticle-full.tpl "Polls to be Deferred? Either that or the People's Charter an exercise in futility"] , Samisoni Pareti, "Islands Business"] . Pareti's prediction turned out to be accurate: the election was postponed. [ [http://www.radiofiji.com.fj/fullstory.php?id=12559 "No Elections in Fiji in 2009 says Bainimarama"] , Fiji Broadcasting Corporation, July 18, 2008]

By contrast, New Zealander human rights activist Thakur Ranjit Singh expressed public support for the People's Charter, stating that fresh elections alone would not address the "fundamental problems in Fiji", such as "the agenda of the nationalists who want Fiji for Fijians and Fiji as a Christian state" or a "culture of corruption, nepotism and cronyism"; the People's Charter must therefore, in Singh's view, be implemented before any election takes place [ [http://www.nzherald.co.nz/category/story.cfm?c_id=171&objectid=10449640&pnum=2 "Why Fiji needs our help"] , Thakur Ranjit Singh, "New Zealand Herald", 5 July, 2007] .

The Pacific Islands Forum supported the proposed Charter [ [http://www.radiofiji.com.fj/fullstory.php?id=4903 "Forum recognizes People’s Charter: Fiji’s PM"] , Radio Fiji, 20 October, 2007] .

In April 2008, a "Fiji Times" opinion poll found that public opinion was evenly split, with 46.2% disagreeing with the idea of the Charter, and 45.8% supporting it. [ [http://www.fijitimes.com/story.aspx?id=86434 "Majority say no to Charter, but 'ayes' close behind"] , "Fiji Times", April 15, 2008]

After publication

The People's Charter was released to the public on August 6, 2008. Deposed Prime Minister Laisenia Qarase was critical of its content. He dismissed as "unreasonable" its proposal to dissolve political parties which "engage in activities that breach important values of the Constitution". Qarase also opposed the proposed change in the country's demonym, which would enable all citizens of Fiji to refer to themselves as "Fijians": "That term [Fijian] is embedded into the indigenous population. It is a very sensitive issue and it will be opposed very strongly." [ [http://www.fijilive.com/news_new/index.php/news/show_news/7445 "Charter won't end coups: Ousted PM"] , FijiLive, August 7, 2008] Qarase stated that the Charter made a number of good suggestions, but that it would, on the whole, increase inter-ethnic tensions. He stated that " [s] ome of the key proposals in the charter, if implemented without the approval of an elected parliament, would be contrary to the provisions of the 1997 Constitution." [ [http://fijidailypost.com/news.php?section=1&fijidailynews=18087 "People's Charter 'will divide Fiji'"] , "Fiji Daily Post", August 8, 2008] He called upon the Charter to be voted on by an elected Parliament [ [http://fijidailypost.com/news.php?section=1&fijidailynews=18087 "People's Charter 'will divide Fiji'"] , "Fiji Daily Post", August 8, 2008] , and, alternately, suggested a referendum to decide the issue. [ [http://www.fijitimes.com/story.aspx?id=97257 "Qarase: Let people decide"] , "Fiji Times", August 8, 2008] He added::"The composition of the NCBBF is not representative of the people. It is biased in favour of the Labour party, the New Alliance Party, the interim Government and coup supporters. The intention of the interim Government to implement proposed electoral changes before the elections would be illegal and in contravention of the 1997 Constitution. [...] The intention of the IG to make the charter binding on future elected governments without the authority of Parliament would be illegal and contrary to democratic principles." [ [http://www.fijitimes.com/story.aspx?id=97257 "Qarase: Let people decide"] , "Fiji Times", August 8, 2008]

Ousted Opposition leader Mick Beddoes also expressed his opposition to the Charter. [ [http://fijidailypost.com/news.php?section=1&fijidailynews=18087 "People's Charter 'will divide Fiji'"] , "Fiji Daily Post", August 8, 2008] The Fiji Labour Party, whose leader Mahendra Chaudhry is a member of the interim government, officially supported the Charter. [ [http://www.rnzi.com/pages/news.php?op=read&id=41355 "Fiji Labour Party backs People’s Charter"] , Radio New Zealand International, August 8, 2008]

Academic Brij Lal, one of the authors of the Constitution, described the Charter as "too prescriptive", commenting that it appeared to aim at creating an unfeasible utopia. He added: "I think that for the charter and some of the recommendations to have credibility, they have to be endorsed through parliament." [ [http://www.rnzi.com/pages/news.php?op=read&id=41366 "Fiji charter too descripitive, says academic"] , Radio New Zealand International, August 8, 2008]

The Methodist Church of Fiji and Rotuma has confirmed its opposition to the Charter, both because it originates from a government that came to power by force (despite the Church having openly supported the coups of 1987 and 2000 [ [http://www.smh.com.au/news/world/tribal-chiefs-critical-of-coup/2006/12/07/1165081060811.html "Tribal chiefs critical of coup"] , "Sydney Morning Herald", December 7, 2006] ), and because the Church deems it to be an "an illegal, dangerous document that, if followed, will have a negative impact on the the lives of Fiji citizens". [ [http://www.radioaustralia.net.au/news/stories/200808/s2348208.htm?tab=latest "Fiji church maintains stance against People's Charter"] , August 27, 2008] Following a Church conference, Church general secretary Reverend Tuikilakila Waqairatu told the media::"While the charter proposes some noble principles, the Conference is of the view that the interim government and the National Council for Building a Better Fiji do not have any moral or legal authority to impose it on the people. [...] [A] ny attempt to impose and legitimise the charter outside the Constitution and by an authority which does not have the people's mandate is morally unacceptable. It defies God's authority because it lacks any legal basis and it limits the free choice of the people to act according to their conscience." [ [http://www.fijitimes.com.fj/story.aspx?id=98994 "Charter unlawful: Church"] , "Fiji Times", August 27, 2008]

The National Federation Party has called upon citizens to boycott the charter consultation process, claiming that the Charter would disadvantage Indo-Fijians. Refering to the proposed abolition of the communal voting system, to be replaced by a "one man, one vote" electoral process, party secretary Pramod Rae stated::"“We’re alarmed at the proposal to disenfranchise [sic] large sections of the Indo-Fijian community, which will really be left without representation in parliament. Currently our community is guaranteed 19 seats in parliament. This charter proposal proposes to remove those.”" [ [http://www.rnzi.com/pages/news.php?op=read&id=41711 "Fiji’s NFP says charter will downgrade Indo-Fijians"] , Radio New Zealand International, August 28, 2008]

Bainimarama attacked some of his critics, labelling their objections self-serving::"They are trying to hang on to the last straw as we make in-roads in giving a real voice and say to ordinary people in the country. [...] Naturally, there are some power hungry ethno nationalist SDL Leaders and followers, supported by the leadership of the Methodist Church and some chiefs who would not want ordinary people to be empowered in terms of decision making and aspiring for better things in life. They want to continue to remain in power and in the process ensure that the common people remain disenfranchised." [ [http://www.fijitimes.com/story.aspx?id=99168 "Be part of charter awareness, public urged"] , "Fiji Times", August 29, 2008]

References

ee also

* 2006 Fijian coup d'état
* Fijian general election, 2009

External links

* [http://www.fiji.gov.fj/uploads/draftcharternsne.pdf Draft version of the People's Charter] (Fiji government website)
* [http://www.fiji.gov.fj/publish/charter.shtml Government portal: links to Fiji government documents relating to the Charter]
* [http://www.fiji.gov.fj/uploads/charter.doc "Building a Better Fiji for All through a People's Charter for Change and Progress"] , Fiji government website, April 2007
* [http://www.fiji.gov.fj/publish/page_10016.shtml "Latest development on People's Charter for Change and Progress"] , Fiji government website, 10 September, 2007
* [http://www.rnzi.com/pages/news.php?op=read&id=35675 "Fiji’s President launches People Charter for Change and Progress"] , Radio New Zealand International, 10 October, 2007
* [http://www.fijitimes.com/peoples-charter-debate.aspx "Fiji Times" coverage of news related to the Charter]
* [http://www.smh.com.au/news/world/rumblings-of-a-revolution/2007/10/26/1192941338637.html "Rumblings of a revolution"] , Hamish McDonald, "Sydney Morning Herald", 27 October, 2007. (detailed analysis of the current situation in Fiji)
* [http://www.worldpress.org/Asia/3235.cfm "Fiji Charter in Unchartered Waters"] , Sanjay Ramesh, "World Press Review", August 31, 2008. (overview of Charter-related issues)
* [http://www.un.org/ga/63/generaldebate/fiji.shtml Commodore Bainimarama's address to the 63rd session of the United Nations General Assembly] , presenting and defending the People's Charter to the international community, September 26, 2008