Chapter 2 Compact

Section 6: Compact

The people of the Fiji Islands recognize that, within the framework of this Constitution and the other laws of the State, the conduct of government is based on following principles:
  1. the rights of all individuals, communities and groups are fully respected;
  2. the ownership of Fijian land according to Fijian custom, the owner ship of freehold land, and the rights of landlords and tenants under leases of agricultural land are preserved;
  3. all persons have the right to practice their religion freely and to retain their language, culture and traditions;
  4. the rights of the Fijian and Rotuman people include their right to governance through their separate administrative systems;
  5. as citizens, the members of all communities enjoy equal rights, including the right to make their permanent homes in the Fiji Islands;
  6. the rights of a citizen include the right to form and join political parties, to take part in political campaigns, and to vote and to be a candidate in free and fair elections of members of the House of Representatives held by secret ballot and ultimately on the basis of equal suffrage;
  7. the formation of a government that has the support of a majority in the House of Representatives depends on the electoral support received by the various political parties or pre-election coalitions, and, if it is necessary or desirable to form a coalition government from among competing parties, depends on their willingness to come together to form or support a government;
  8. in the formation of a government, and in that government's conduct of the affairs of the nation through the promotion of legislation or the implementation of administrative policies, full account is taken of ft interests of all communities;
  9. to the extent that the interests of different communities are seen to conflict. all the interested parties negotiate in good faith in an endeavor to reach agreement;
  10. in those negotiations, the paramountcy of Fijian interests as a protective principle continues to apply, so as to ensure that the interests of the Fijian community are not subordinated to the interests of other communities;
  11. affirmative action and social justice programs to secure effective equality of access to opportunities, amenities or services for the Fijian and Rotuman people, as well as for other communities, for women as well as men, and for all disadvantaged citizens or groups, are based on an allocation of resources broadly acceptable to all communities;
  12. the equitable sharing of political power amongst all communities in Fiji is matched by an equitable sharing of economic and commercial power to ensure that all communities fully benefit from the nation's economic progress.
Section 7: Application of Compact

1. The principles referred to in section 6 are non-justifiable, except to the extent that they are made the subject of other provisions of this Constitution or of a law made under this Constitution.

2. In the interpretation of this Constitution or a law made under this Constitution, consideration must be given to those principles, when relevant.