CONSTITUTIONAL ENGINEERING


documents into Fijian and Hindi, the major vernacular languages. To assume that everyone could understand English was a major blunder which would have a profound impact on people’s knowledge as well as sense of ownership of the constitution. Furthermore, the public consultation periods for both drafts were quite short. While the Ghai consultation was more of a listening and participatory exercise to solicit and capture people’s views and concerns, the government one was basically a rushed lecture tour to explain what was in the draft constitution with the hope of mass mobilization of public support within a short time.


Tactically it was a shrewd ploy by the government to opt for the constitution to be “passed” directly by the public rather than being endorsed through a vote by a People’s Assembly as suggested earlier. This way, it would be easier for the government to push the constitution through before being signed by the President.


The possibility of amending the constitution later will not be easy because Chapter 11 of the government draft states that it has to be done through a referendum. This becomes a major obstacle to future attempts to address emerging issues which require constitutional amendments. Frustration emanating from failure to amend the constitution may help precipitate political grievances in the future.


Constitutional engineering and implications for elections For keen observers of Fiji politics, the 2014 election will be one of Fiji’s most anticipated because of a number of overtly interesting developments. First, it is the first time that the recommendations of a constitutional review commission was rejected; secondly, it is also the first time that a restrictive political party re-registration decree has been put in place; thirdly is the notion that the election will be the only viable exit strategy for the coup leaders, and lastly is the fact that the election comes at the end


of eight years of revolution which saw fundamental transformations in the political and socio-cultural institutions of the Fijian society. At first glance, these factors have the potential to give Cmd Bainimarama’s newly conceived political party overwhelming advantage over the other parties struggling either to be re-registered or newly registered. His strategic advantage is bolstered by his total control of the key apparatus of the state including the military, civil service, law-making and development policies which he has deployed meticulously and systematically to mobilize support and hopefully enable his party (currently without a name or visible form) to win the election. However, politics in Fiji is often unpredictable and the anti- Bainimarama political forces may be able to make use of his shortcomings to outmanoeuvre him in what might appear to be a close encounter. His major political opposition is in the form of a coalition for democracy consisting of the Fiji Labour Party (FLP), Social Democratic Liberal Party (SOLDEP), National Federation Party (NFP) and People’s Democratic Party (PDP). The coalition, however, is plagued by internal fractures which have roots in past political and ongoing personality differences. The PDP which is union- based is a breakaway from the FLP as a result of power struggle between Mr Mahendra Chaudhry the FLP leader and former prime minister and other unionists who have been trying to oust him from the leadership of the FLP for years. The SDL, which changed its name from the Soqosoqo Duavata ni Lewenivanua, was the ruling party which was overthrown during the 2006 coup and the Leader and former Prime Minister, Laisenia Qarase, was later jailed for corruption. One of the leaders of SDL, Dr Tupeni Baba, a former academic, together with Mr Krishna Dutt, a former FLP senior politician, left the FLP as a result of differences with Mr Chaudhry and Dr Baba later formed his own New Labour Party during the 2000 election.


The lines of demarcation are intertwined and the fractures are


deeply embedded and the coalition appears to be a temporary front which may begin to unravel during the election because of competition over candidate ranking as required under the proportional party list system. Mr Chaudhry is considered the most detested person amongst the coalition parties and interestingly, the anti-Chaudhry parties know that the only person with the real power to weaken Mr Chaudhry’s ambition for power is Cmd Bainimarama and thus it won’t be surprising if some parties will form a coalition with Cmd Bainimarama to outflank Mr Chaudhry.


A surprising and interesting feature of Fiji politics now is the toning down of the ethnic factor, unlike in past years. This is a result of the way Cmd Bainimarama has broken the ethnic divide through his support for Indo-Fijian political rights and strong initiatives in promoting indigenous Fijian rural development. Both the support for and opposition to Cmd Bainimarama have assumed a multi-ethnic character. This multi- ethnic tendency maybe further reinforced through the proportional representation system which may see the emergence of minority parties and the formation of a coalition.


Conclusion


Constitutional engineering is not the ultimate panacea for democracy and political stability because it is merely a mechanical and institutional process. What is more important is to give the constitution the breadth and the spirit to ensure that it comes alive as a guide to people’s aspirations and vision.


There is no such thing as a “good” or “bad” constitution but what matters is for citizens to make honest and efficient use of the document, no matter what the shortcomings are, to maximize benefit in the form of democratic participation, protection of human rights and promotion of national development. To inspire national progress, constitutions should not be treated with cautious and sacred restraint as a Christian would treat the holy Bible and at the


same time it should not be treated like a scrap book to be used merely as a tool to serve embedded political interests as in the past. Rather it should be a utilitarian guidebook to inspire creative and innovative thinking and sentiments to achieve greater collective good for the country. The future of Fiji’s new


constitution depends on the political circumstances and leadership. The constant changes in the constitutions in Fiji are symptomatic of deep-seated ethno-political and socio-economic fractures and dynamics which need to be seriously addressed through broader citizen peace-building strategies beyond the constitutional framework. After the new constitution is promulgated, there needs to be serious consideration of a national dialogue and reconciliation process by political parties, religious groups, civil society organizations and other players.


Under the proportional


representation system, there is bound to be a coalition government in power after the 2014 election. This would potentially provide an appropriate political climate conducive for a national dialogue and reconciliation initiative.


Every time a new constitution is created in Fiji, there was unrestrained popular optimism about a new start and a new future. Each time, there was disappointment and for some, overpowering anguish, as the dreams of a Fijian utopia was shattered by coups and associated ethnic tension. Fijians have been to bounce back from their misery through collective resilience and strong-willed adaptation to new realities. Just like the case of its predecessors, the new constitution has evoked optimism and hope for many for a new promising order. While there is also pessimism about whether the coming election will be free and fair, the potential for Fiji to achieve future stability and prosperity depends largely on the leaders’ capacity to ameliorate the emerging challenges and the people’s will to respond to these challenges with an open and inclusive spirit.


The Parliamentarian | 2013: Issue Two | 131


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