Calls for a Reckoning: The Flaws in Fiji’s 2013 Constitution

Adi Sivia Qoro, a consultant and president of Unity Fiji, has emphasized the necessity for a comprehensive and authentic review of the 2013 Constitution.

Her primary concern lies in the manner in which the Constitution was established, noting that the initial draft created by Yash Ghai’s Constitution Commission was discarded by the previous administration. Instead, the government advanced its own version, which was enacted as law in September 2013.

Adi Sivia argues that this process was fundamentally flawed as it failed to incorporate genuine input from the Fijian populace. She criticized the brief consultation period, which she believes was inadequate for collecting authentic public opinion, raising doubts about whose interests the constitution eventually served.

Additionally, she highlighted the damaging consequences of Fiji’s historical coups, stating they have undermined the nation’s democracy, social fabric, and economy. She cautioned that these events have regressed the country, asserting that a flawed constitution cannot remedy the existing damage.

“It brings into question the credibility of the nation’s democracy, the negative social implications which we are now witnessing, and the economic welfare of our people,” she remarked. “More than anything, it sets the country back by so many years in terms of its development.”

Regarding amendments to the constitution, she pointed out that the constitutional amendment provisions make it one of the most challenging constitutions in the world to modify. “Many have referred to this! It has significant implications for the democratic rights of the people and their involvement in shaping their own Constitution. This should be the focus for citizens now, to engage in open discussions and seek a way forward,” Adi Sivia concluded.

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