Dialogue Fiji’s Executive Director Nilesh Lal has emphasized the importance of adhering to internationally recognized democratic standards during any referendum or constitutional amendment processes in Fiji. In his recent submissions to parliamentary proceedings regarding the Referendum Bill, Lal cautioned that failing to meet these standards could jeopardize the legitimacy of future constitutional changes.

Highlighting the Venice Commission’s Code of Practice, which is internationally regarded as the “gold standard” for elections and referendums, Lal stressed that this framework not only influences established liberal democracies but serves as a benchmark for global democratic practices. He pointed out that while the code originates in Europe, its principles resonate widely and should be adopted by Fiji in its quest for democratic integrity.

Lal underscored that the 2013 Constitution has faced significant criticism due to its introduction process, which many view as lacking democratic legitimacy despite the quality of its content. He articulated that any efforts to amend or replace the existing constitution must not only address these criticisms but also establish a foundation of higher democratic standards.

Referencing Fiji’s constitutional evolution, Lal noted that the 1997 Constitution was formed through amendments to the 1990 Constitution, illustrating how significant changes can arise from amendment processes. He insisted that if there is a prevailing critique of the 2013 Constitution’s origins, then any constitutional reform must ensure that its passage is underpinned by robust democratic processes to enhance legitimacy.

These discussions are part of ongoing consultations concerning the proposed Referendum Bill, underscoring a pivotal moment for Fiji as it seeks to bolster democratic practices and engage its citizens in shaping the nation’s constitutional future. The emphasis on meeting high standards reflects a commitment to improving Fiji’s democratic framework and addressing the long-standing concerns surrounding its governance. With proper adherence to established principles, Fiji has the opportunity to create a more inclusive and legitimate constitutional process moving forward.


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