Fiji: Government

Principal Government Officials

Chief of State: President Ratu Epeli Nailatikau
Head of Government: Commodore Josaia Voreqe (Frank) Bainimarama

The 1997 constitution provided for a ceremonial president selected by the Great Council of Chiefs and an elected prime minister and parliament. However, in 2006 the armed forces commander, Commodore Voreqe “Frank” Bainimarama, overthrew the elected government in a bloodless coup d'etat. In January 2007 the interim military government was replaced by a nominally civilian interim government (the "interim government") headed by Bainimarama as prime minister. After the Court of Appeal declared the December 2006 coup and the interim government appointed in January 2007 unlawful, the 1997 constitution was abrogated and a state of emergency imposed on April 10, 2009. Bainimarama and his government established rule by decree after the abrogation. The constitutional Bill of Rights has not been revived, and despite the revival of the Fiji Human Rights Commission (FHRC) by decree, the FHRC is prohibited from investigating the abrogation of the constitution and the actions of the de facto government and security forces. Bainimarama and his Military Council control the security forces.

After the abrogation of the constitution by President Iloilo on April 10, 2009, he signed decrees re-establishing the judiciary and his own position as President. Iloilo resigned in July 2009 and a new President was appointed by the interim cabinet. Epeli Nailatikau, former RFMF commander, diplomat, and Speaker of the House of Representatives (2001-2006) was appointed President by the interim cabinet. The decree provides that the Chief Justice is to act in place of the President in his absence, and no vice president has been appointed.

Fiji maintains a judiciary consisting of a Supreme Court, Court of Appeal, a High Court, and Magistrate Courts. Since the 2006 coup, a number of High Court and Court of Appeal justices have resigned, claiming interference in judicial affairs. After the abrogation of the constitution on April 10, 2009, all sitting judges and magistrates were terminated and some were reappointed to a new judiciary re-established by decree in May 2009. The Fiji Government has also drawn new judges and magistrates from Sri Lanka. All cases challenging the actions of the interim government since December 2006, its decrees, and the coup itself were dissolved by decree, which prohibits the judiciary from hearing challenges to the actions of the government since April 2009, the 2006 coup, and the abrogation of the constitution in April 2009.

There are four administrative divisions--central, eastern, northern, and western--each under the charge of a divisional commissioner, all of whom are senior military officers. Ethnic Fijians have their own administration in which councils preside over a hierarchy of provinces, districts, and villages. The 14 provincial councils deal with all matters affecting ethnic Fijians. There is also a Rotuma Island Council for the island of Rotuma.

POLITICAL CONDITIONS
For 17 years after independence, Fiji was a parliamentary democracy. During that time, political life was dominated by Ratu Sir Kamisese Mara and the Alliance Party, which combined the traditional Fijian chiefly system with leading elements of the European, part-European, and Indian communities. The main parliamentary opposition, the National Federation Party, represented mainly rural Indo-Fijians. Intercommunal relations were managed without serious confrontation. However, when a cabinet with substantial ethnic Indian representation was installed after the April 1987 election, extremist elements played on ethnic Fijian fears of domination by the Indo-Fijian community, resulting in a military coup d'etat.

This began what many now refer to as the "coup cycle." The most recent coup took place in December 2006, but has its roots in the previous 2000 coup and mutiny. Military commander Commodore Bainimarama helped resolve the 2000 crisis by imposing martial law. Bainimarama appointed an interim government led by interim Prime Minister Laisenia Qarase. Subsequently, Qarase was elected in 2001 and 2006, but pursued some policies favoring the indigenous Fijian community.

One of the main issues of contention is land tenure. Indigenous Fijian communities very closely identify themselves with their land. In 1909 the land ownership pattern was frozen by the British and further sales prohibited. Today, 87% of the land is held by indigenous Fijians, under the collective ownership of the traditional Fijian clans (mataqali). That land cannot be sold and is held in trust by the Native Land Trust Board on behalf of the landowning units. Indo-Fijians produce more than 75% of the sugar crop but, in most cases, must lease the land they work from its ethnic Fijian owners.

In 2005 and 2006, tensions rose between Bainimarama and Qarase over legislation proposed by the Qarase government concerning land ownership, traditional non-public ownership of the foreshore, and a reconciliation bill that opened the possibility to grant immunity to some coup participants from 2000. Bainimarama began to make demands and threats, and engaged in shows of military force to intimidate the Qarase government into backing away from the controversial policies. When the Qarase government did not accede to all military demands, on December 5, 2006, Bainimarama assumed the powers of the presidency, dismissed Parliament, and declared a temporary military government.

Commodore Bainimarama was appointed interim Prime Minister in 2007; his interim government has pursued what he terms a "clean-up campaign" to root out what he considers to be large-scale corruption in Fiji. A number of civil servants, including the Chief Justice, were summarily suspended or dismissed due to unidentified corruption concerns. Many individuals who spoke out against the coup were taken to military camps where they were questioned and sometimes abused.

FOREIGN RELATIONS
Fiji has traditionally had close relations with its major trading partners Australia and New Zealand. Currently, a number of countries including Australia, New Zealand, and the United States have placed targeted sanctions on the illegal interim government. Fiji has pursued closer relations with a number of Asian countries, including the People's Republic of China and India.

Since independence, Fiji has been a leader in the South Pacific region. Fiji hosts the secretariat of the 16-nation Pacific Islands Forum (PIF), as well as a number of other prestigious regional organizations. However, in May 2009, the PIF suspended Fiji’s membership for failing to declare elections before the deadline set by the organization. Fiji became the 127th member of the United Nations on October 13, 1970, and participates actively in the organization. Fiji's contributions to UN peacekeeping are unique for a nation of its size. It maintains about 600 soldiers and police overseas in UN peacekeeping missions, primarily in Iraq, MFO Sinai in the Middle East, Sudan, and Liberia. Fiji also has a number of private citizens working in Iraq and Kuwait, mostly in security services, and over 1,500 citizens serving in the British Army.

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