Submission to the 2012/13 Constitution Commission
By James Bhagwan and Maelin Pickering Bhagwan
October, 13th, 2012
Good morning.
My name is Maelin Pickering
Bhagwan, I am here this morning on behalf of my husband, Rev. James Bhagwan –
who is studying overseas and not able to be here in person, and my two children
Francisco-Xavier and Antonia.
I would like to thank the
Commission for giving me and my family the opportunity to present our
submission. We make this submission as our responsibility as independent
citizens of Fiji.
To give you a little
understanding of the context in which this submission was prepared I would like
to give you a little background of our family. I am of mixed Chinese,
i-Kiribati, Samoan, i-Taukei and European heritage. My husband is of
Indo-Fijian, and mixed Filipino /European Heritage. Our children, often called
“fruit-salad,” contain the blood of almost all native Pacific Islander and
migrant communities.
My husband is a Methodist
and an ordained minister of the Methodist Church in Fiji. I am a Roman Catholic
and teach in a Catholic Girls High School. Our children are members of the
Anglican Diocese of Polynesia. We have extended family members who belong to
many different Christian denominations and religious groups. Our family and
friends come from all walks of life, age groups, genders, sexual orientation,
abilities and ideologies.
My husband and I were both
born within the first decade of Fiji’s Independence. Unlike our children, we
remember when Fiji was still known as the way the world should be. We make our
submission in the hope that Fiji will once again be the way the world should
be.
We have followed the work of
the commission and the submissions that have been made. We agree with many of
the submissions that have been made in an attempt to take this nation forward,
away from race-based politics, institutionalised structures of oppression and
stereotype.
Our vision is of a Fiji
where life, love, community, justice and peace are sacred values and a lived
reality. Where every voice, no matter how small is heard, and everyone is
connected in a relationship that is rooted in a sense of belonging to this
place.
While
we support the 11 pillars of the Peoples Charter for Change, Peace & Progress,
we believe that this constitution
while upholding universal principles and international conventions and norms,
must reflect the uniqueness of our country. Some of our submissions are made in
this context.
I now offer our small
contribution to the Constitutional process.
With the understanding that
the Constitution is a “Living Document” which will grow and change according to
the needs of the people of Fiji, we, on behalf of our family and for the sake
of our children, their children and the generations to come, off a proposal in
the following areas for inclusion in our new constitution:
1.
Common Identity
2.
Common Language
3.
Citizenship
4.
Religious Tolerance and Human Rights
5.
Participation in Decision-making
6.
Religion and the State
a. All citizens of Fiji to be known as Fijians.
b. Historical Identity of indigenous Fijians and Rotuma and
resettled Ocean Islanders to be maintained through the use of Kai Viti, Kai
Rotuma, Kai Rabi.
c. Indigenous Fijians and their children to be registered in
the Vola Ni Kawa Bula.
d. Provincial Identity / relationship to the Vanua to be
recognised for all citizens dependent on place of birth of both parents (Kai /
Vasu) or, for naturalised citizens, place of residence/settlement.
As I have shared earlier,
our family is of mixed heritage. In the last general elections my husband and I
registered and voted in the General Electors Communal Constituency. My husband
is sometimes classified as Others or Indian depending on which side of the
family at which one looks. He has faced racism for being Kai Idia, and for not
being full Hindustani. While I have been classified as Kai Loma, or Vasu, I
have also been called Kai Jaina. Our children are being raised to recognise and
celebrate every part of their ethnic heritage. Yet at the same time they cannot
claim any one ethnic group or culture over the other. They and the future
generations will need an identity that is suitable for all who make Fiji their
home.
The common name of Fijian is
important because that is nationality when we are identified outside of our
country. We are people of Fiji, either by birth or choice. We deserve to be
called Fijian regardless of when our ancestors arrived in these islands or from
whence they came.
At the same time we believe
that apart from our identity outside of this country or as citizens of the
Republic of Fiji, we must recognise and celebrate our identity within this
country. We recognise the first settlers of these islands, our indigenous
brothers and sisters. Their arrival is shrouded in the mists of time and so we
recognise them as Kai Viti, Kai Rotuma.
We recognise the right of
the Kai Viti to the land, sea and traditions that they have been given
stewardship over. We recognise that there must be mechanisms in place to ensure
that Fiji will always remain the Vanua of the Kai Viti. The Vola Ni Kawa Bula
is one such mechanism. It is our responsibility as Fijians to ensure that the
Kai Viti are recognised as integral to the way of life in Fiji.
At the same time we believe
that we who are born and raised here, or who have adopted Fiji as their home,
must have a place within the Vanua. There is a need for a mechanism in which
all Fijians regardless of their heritage may be able to part of the Vanua, as
members of the community, with equal responsibility and recognition.
a. Vosa Vaka Viti to be the National Language of Fiji.
b. English, Fiji-Hindi, Rotuman and Vosa Vaka Viti to be classified
as Official Languages of Fiji.
c. Vosa Vaka Viti to be compulsory subject at all registered
educational institutions. (Up to Certificate of Proficiency level.)
We
believe that Vosa Vaka Viti is something that is unique and that we as a nation
should not only strive to protect but share make use of. English of course is
still the dominant language (the second most spoken language in the world after
Chinese) and the language of education and international communication.
Hindi-Urdu is the third most spoken language in the world, with some 333
million speakers, while the indigenous language of Fiji has not even one
percent of that. At the same time
Fiji-Hindi, which is now being recognised as a separate language from
Hindustani is also a language unique to Fiji and as such should also be
recognised as such. The indigenous Rotuman language is also a language that
needs protection.
In this process of nation building we are asking the
indigenous people of these islands to share their name, their home and their
resources with people who are descendents of settlers (some voluntary, some
compelled) who also consider Fiji their home.
While each cultural group has the right and should be
encouraged to preserve their own traditions, the first step to living as one
people is to speak one language. Language should not be limited to the foreign
language of English (regarded by some as a language of imperialism and foreign
domination) but should be the language that marks us all as people of
Fiji.
We believe that the time has come for every Fijian to
speak the native language of Fiji. This
means there must be a concerted effort for conversational Fijian or Vosa Vaka
Viti to be taught to all students at school, regardless of ethnicity. It also
means that remedial language instruction is necessary for those who were not taught
the language at primary school level. Community groups and civil society
organisations have an important part to play in this process.
This is where a certificate of proficiency can be used as
a standard to develop a wide-reaching curriculum. However it does not have to
be just the work of the education ministry or civil society – including
religious groups. This is something that individuals can do on a one-to-one
basis or among a group of friends.
Maybe then we will be able to really understand one
another. Maybe then we will come a step closer to being one people. Maybe then
we will be truly worthy of the name Fijian.
a. Office of Ombudsman to be retained and strengthened.
b. Human Rights as per the Bill of Rights in the 1997
Constitution to be affirmed.
c. Human Rights Commission to be retained.
d. Establishment of Fiji Interreligious Council
i. All faith based organisations and registered religious
organisations/groups to be members.
ii. Chair of Council to be appointed in rotation among
religious bodies (not denomination) that hold membership. Duration of the
chairpersonship is annual.
iii. General Secretary to be appointed through application
with endorsement by members of the Council.
e. Commission for Reconciliation and Peace-building to be
established to work in conjunction with Human Rights Commission and Fiji
Interreligious Council on issues of Restorative Justice.
f. Fiji Independent Commission Against Corruption to be a
constitutional Commission
We believe that the Office
of the Ombudsman was either limited or ineffective in the past.
However, we
believe in its necessity and call for it to be retained as per the 1997
Constitution.
The Bill of Rights as per
the 1997 Constitution is a fundamental piece of the foundation of the Fiji we
are trying to build. We call for its full retention.
The Fiji Human Rights
Commission needs to continue to be independent of Government and should retain
its status as under the 1997 Constitution.
The Universal Declaration of Human Rights – Article 18: “Everyone has the right to freedom of
thought, conscience and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community with others and
in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.”
This freedom was guaranteed in the 1997 Constitution’s
Bill of Rights (Chapter 4 Section 35(Religion and Belief).
The time is right for us as a people to think deeply
about the importance of religious tolerance in our country and how we can
ensure that this issue that has been and maintains the potential for massive
divisions in Fiji can be properly addressed in the process to develop a new
constitution.
There have been many examples at the grass-roots level as
well on a national level of positive influence by religious groups and
institutions – social justice programmes, awareness campaigns, civic education
– the promotion of high morals and compassionate behaviour and the like.
The seeds of religious tolerance have been planted
through the recognition of significant holy days such as Christmas, Prophet
Mohammed’s Birthday, Lent, Holi, Easter (both Good Friday and Easter
“Resurrection” Sunday), Ramadan, Eid, Diwali, etc by convention as well as by
legislation.
Is it not possible that religious tolerance is not only
covered by the Bill of Rights, but also be enshrined in our new constitution;
through a mechanism through which dialogue within and between religions take
place? A permanent mechanism such as a Fiji Interreligious Council could not
just provide a safe space for dialogue but also provide the platform for
cooperation on social, health and other issues as well as assist in the
mobilisation of communities in times of natural disaster.
The Fiji Independent
Commission Against Corruption should be placed under the Office of the
Ombudsman to enable it to be independent of Government.
Given the emotional,
physical, mental and spiritual pain suffered by so many in our country over the
last 25 years, we also believe that there must be mechanism to help our people,
individually, as communities and a society to overcome many obvious and
unperceived acts injustice, intolerance and prejudice we all have endured.
While Truth and Reconciliation Commissions around the
world have had mixed results, we must not ignore need nor the opportunity to
engage in restorative justice and peace-building.
This needs to be a national
priority, not reliant on political policies, but as part of enshrining the Fiji
Way. We believe, therefore, that provision should be made either under the
Office of the Ombudsman or separately for an independent Commission for
Reconciliation and Peace-building.
a. National Level
i. Parliament
1. Only one House of Representatives made up of 1
representative for every 15,000 citizens. With the 2007 Census putting our
population at 837,271, that would be approximately 55 or 56 seats.
2. Constituencies to be determined and updated by the
Constituency Boundaries commission.
3. Representatives to be elected on a common roll.
4. Representatives to be elected on the 50% +1 of votes
principle.
5. Prime Minister to be elected by House of Representatives.
May only serve two consecutive terms.
6. President to be elected by House of Representatives
following public nominations and screening by selection panel. President to
hold executive authority and remain Commander in Chief. She or he will also act
as Speaker of the House of Representatives.
ii. Political Parties
1. Each political party must not have more than 40% of any
particular ethnic group as candidates.
2. Each political party must not have less than 25% female
candidates.
3. Each political party must not have less than 10% youth
candidates (ages 18 – 35).
iii. Eligibility of Candidates:
1. Each candidate must be a registered voter.
2. Each candidate must be nominated by more than of 10% of
constituents, who are registered voters, through the collection of signatures,
not merely the payment of a nomination fee.
3. Each candidate must not have been convicted in a court of
law in the last 10 years.
4. Each candidate must not be an undischarged bankrupt.
5. Each candidate must have been a citizen of Fiji for more
than 10 years.
6. Each candidate must have resided in Fiji for at least
5years prior to election year. Exemptions for those who have lived abroad for
the purpose of study, national or military service.
7. Each candidate must resign from Public Office upon
nomination. Public office excludes the position of President, Prime Minister,
Cabinet Member or any other position held by virtue of being an elected member
of Parliament.
a.
Community Level
i. The Bose Levu Vakaturaga / Great Council of Chiefs is to
be established as a Constitutional Office, not a part of a government
administration.
ii. The Bose Levu Vakaturaga membership is to be limited to
traditional chiefly leaders.
iii. Chiefly responsibility for all residents within the
traditional boundaries for the maintenance of the Kai Viti culture, traditions
and values and the social cohesion of all Fijians.
iv. The advice of the Bose Levu Vakaturaga is to be sought by
the House of Representatives on any legislation that deals with Native Land,
Qoliqoli and issues relating to the needs of Kai Viti as well as the Vanua.
We recognise that while the
Great Council of Chiefs is an historic body, its origins lie in the British
Colonial administration of the Kai Viti. Nevertheless we recognise the
traditional leadership that the chiefly system of Fiji offers the Vanua.
The Great Council of Chiefs
is an important institution of our nation that must be included in the
governance structure of Fiji. However, we believe that it must be separate from
Government and only deal with specific issues on a national level, as we have
articulated above.
At the same time, and
further to our submission on Provincial Identity, we humbly ask not only your
consideration, but through your good offices, that the traditional leaders of
the Vanua reconsider their understanding of both who they consider themselves
leaders of and who constitutes the Vanua.
My husband and I are both
from Rewa. My husband’s forefathers settled in Vuci and I have maternal links
to Lomanikoro. My husband is also vasu i Macuata. While we teach our children
about their diverse ethnic and cultural heritage, at the same time we want them
to also be Fiji’s children and have their links to Rewa and Macuata recognised.
We want them to know and understand who and what their vanua is, who their high
chief, and understand what that means for them.
This is not just for the
minorities who have some blood ties to the Kai Viti. We believe that this is
important for all Fijians regardless of ethnic background as it adds to social
cohesion through a sense of belonging and commitment to the wider community.
We believe that the Great
Council of Chiefs could provide the mechanism that ensures that all chiefs
practice inclusive leadership of all people in their villages, districts and
provinces.
This, we believe, will not
only help in the development of common identity and common or national culture,
but also benefit the Vanua as many more people will be able to contribute to
development and stewardship of its resources.
a. Fiji to be a Civil Religious State.
The 1997 Constitution, in
its section on State and religion holds that, “Although
religion and the State are separate, the people of the Fiji Islands acknowledge
that worship and reverence of God are the source of good government and
leadership.” We submit that this should be retained in the new constitution.
I have shared with you the religious diversity of our
immediate and extended family.
We believe that while a secular state may guarantee
freedom of religious belief, there is also a possibility that, in the future,
it may limit the manner in which the people of this country may wish to express
and observe their faith. With most of the schools in the country funded by the
state, there is no guarantee that schools which teach important values and
traditions through their religious education curriculum and ethos will be able
to continue to do so.
The same can be said for religious social welfare
organisations that work with the state or participate in state-programmes.
We believe that the majority of the people of Fiji not
only have a respect for the divine, but also for the sacred and that there are
many non-traditional belief systems which are a source of positivity and
goodness among our people.
We
advocate for the state recognition of Civil Religion. In the tradition of Emile
Durkheim and Robert Bellah, Civil religion is
comprised of a sacred system of beliefs, myths, symbols, and ceremonies that
give meaning to the concepts of "nation" and "state." Civil
religion presents an understanding of a society's role in history and each
person's role as a citizen. In other
words, a civil religion is an expression of the cohesion of the nation. It
transcends denominational, ethnic and provincial boundaries.
According to Robert D. Linder, Civil Religion must be independent of the church as such
or it will merely be an ecclesiastical endorsement of the state, and it must be
genuinely a religion, or it will simply be secular nationalism. There must be
ultimate meaning and genuine feeling involved in order for it to function as a
religion. Further, it requires a civil theology that is a religious way of
thinking about politics—which supplies the society with a continuing sense of
identity, interprets the historical experience of the people, and affords a
source of dynamism, uniqueness and identity.
It is our view that Fiji as a nation already practices Civil
or Civic Religion in some ways. Perhaps this has not been articulated before
and is not common although it is practiced some form in America, Australia and
Israel. This is a possible way for acknowledging those symbols, beliefs,
rituals and meanings that are considered sacred and morally positive by our
people, regardless of their particularities. We feel it is a more middle ground
approach than the choice between the two poles of Christian State and Secular
State.
Members of the Commission, I would like to conclude with
words of thanks and appreciation for your commitment to this most difficult
task. My late father-in-law Benjamin Bhagwan was a member of the 2000
Constitutional Review Commission. While he was called a traitor, outcast and
opportunist by some, he saw it as a calling to serve his people, not only to
hear their views but to engage with them help them understand a different
perspective and break down walls of prejudice and suspicion.
We know it has not been an easy task and that there is
pressure from many sides, so we thank you for your remaining steadfast to your
integrity and the responsibility you have undertaken.
I thank you for listening to our submission, and offer it
to you in the sincere hope that it may contribute to the positive and strong
foundation on which we will rebuild our nation.
As is our tradition, we pray that God’s blessings will be
upon you and those who will join in the process of creating this “sacred
document”.
Vinaka vakalevu, Shurkyia, Thank you very much.
Next fortnight, the Tattersals
Leisure Centre will once again be filled with the raw power of the human voice.
Well about 500 voices. For two nights young people of Suva who have been
empowered musically will raise their voices, and, as one voice, share that
power with those fortunate to be there to witness that musical experience that
is “Mana Choral Fest‐2012:
‘Voice Of Change’.
“The late Mrs Ethel Naidu, who was a renowned convener of the Suva Secondary Schools
Music Festival, once said that, "The purpose was to create a friendly atmosphere among
students and the spirit of working together," The Suva Secondary Schools
Music Festival has always been about releasing this power or Mana via the arts
and helping students realize the mana that they posess, and the responsibility
of exercising this right and share this blessing with others. The Music
Festival is a celebration of Mana and a time of empowerment and the deep
spiritual realization of purposeful engagement with whole audiences.”
“They’re really humble guys who want to serve,” said Ete. 
