Law to ‘reflect diversity’
IF Fiji is to have its unique common law, this should reflect the diversity the nation currently enjoys.
Munro Leys partner Jon Apted highlighted this to participants at the Fiji Law Society (FLS) annual convention in Sigatoka yesterday.
He was responding to an earlier statement by Home Affairs Minister Pio Tikoduadua, who said Fiji needed a unique jurisprudence (philosophy and theory of law) that placed greater emphasis on customary laws and practices.
“The idea about developing our common law, that is a very laudable objective, and it is a good thing, but it needs to be done very carefully,” he said.
“We cannot assume that what we regard as tradition is good. We cannot regard what is traditional as the same for everyone in our society. If we accept tradition, perhaps women and children will be mistreated.
“If we accept what is traditional, perhaps the beliefs of other groups won’t be respected.
“The challenge is to develop a Fijian common law in a way that reflects the diversity of our community and that protects everyone.”
Attorney-General Siromi Turaga welcomed the idea and stated that in many countries around the Pacific, such as Papua New Guinea, Solomon Islands, and Samoa, customary laws went together with common law.
“I am a great believer that for some of the issues facing particularly iTaukei, the right solution comes from within the Fijian social structure,” he said.
However, Mr Turaga said they would consult with all groups across the country, not just the iTaukei.
“It’s too early at this stage and at the end, we will consult widely and it’s important for these issues to be articulated now so people are aware.
“Everyone will be consulted. It’s not that it is only for iTaukei issues, let me make that clear.”