Constitutionalising Affirmative Action in the Fiji Islands

Abstract

The Fiji Islands are a society deeply divided in ethnic terms, especially between indigenous Fijians and Indo-Fijians, and also characterised by disadvantage and poverty in most communities. Various forms of affirmative action have been pursued, mostly in favour of indigenous Fijians who are not a disadvantaged minority, as in many states with significant affirmative action programmes, or the victims of discrimination. However, there is a perception on the part of the indigenous community that they are disadvantaged especially in relation to the Indo-Fijian community. The 1997 Constitution sought to mandate a more even-handed approach to affirmative action, but implementation was affected by a coup in 2000. After a brief theoretical discussion of the consequences of affirmative action in an ethnically mixed society, particularly regarding identity, this paper analyses the provisions of the Constitution, and discusses the problems of taking this type of approach to affirmative action. The discussion is placed in the context of the record of affirmative action programmes in Fiji itself, as well as of the background of Fijian society including the tensions between tradition and market, and of the whole issue of whether affirmative action is an appropriate way to producing greater social justice and harmony in society.