THE protection of indigenous rights and the principle of equal citizenship are not competing constitutional objectives but complementary goals that can strengthen each other, constitutional lawyer Jagath Karunaratne told the Constitutional Review Committee (CRC).
While delivering his submissions, Mr Karunaratne said Fiji’s constitutional challenge was not whether indigenous rights should be protected, but how they could be safeguarded while ensuring equal citizenship for every Fijian.
“The protection of indigenous rights and the principle of equal citizenship are not competing constitutional objectives,” he said.
“They are complementary objectives and, if properly designed, can strengthen one another.”
Mr Karunaratne said Fiji’s constitutional history showed that arrangements perceived to favour one community over another were unlikely to produce lasting national unity.
He urged the commission to retain strong constitutional safeguards for iTaukei land ownership, customary governance, traditional institutions, including the Bose Levu Vakaturaga, and indigenous language and culture.
“These protections are legitimate, necessary and fundamental to Fiji’s constitutional identity.”
He said political participation, voting rights, access to public office and equal protection under the law should not depend on ethnicity.
“Every citizen of Fiji should enjoy equal citizenship.”
He also called for inclusive power-sharing, targeted special measures for disadvantaged communities, stronger anti-discrimination protections and broad public consultation in any constitutional reform process.
