1997 Constitution of Fiji: Chapter 5
Chapter 5: Social Justice. Chapter 5 of the Fiji Constitution is titled Social Justice. It is one of the shortest chapters of the constitution, comprising only one section - section 44.
Section 44, the sole section of Chapter 5, charges Parliament with the responsibility to make provision for "effective equality of access" to education and training, land and housing, and participation in commerce and in public service, for groups that are seen to be disadvantaged. Despite otherwise implicitly affirming the essentially capitalist nature of Fiji, the Constitution recognizes that there are certain sectors of the population who have not shared fairly in Fiji's economic, social, and political development, and that the state has a responsibility to create an environment of equal opportunity. Unlike socialistic constitutions, the Fiji Constitution does not seek equality of results, but equality of opportunity is presupposed as a basic human right.
An affirmative action program may be established for a maximum of ten years. It is to be reviewed annually, to assess whether or not its goals are being met, and if so, whether the program is still needed. On expiry at the end of ten year (or earlier, if it was set to run for a shorter period), it may be renewed by appropriate legislation if the need for it is perceived still to exist.
Chapter 5 recognizes that not all cases of proportional underrepresentation are necessarily the result of disadvantage. In some cases, the preferences of certain communities may be a factor; religious or cultural objections to certain forms of work may in some cases explain the underrepresentation of a particular community in a particular category of employment. In formulating affirmative action legislation, such factors are to be taken into account.