Fiji HR Commissioner Urges All Fijians to Seize Chance to Shape Constitution Following Supreme Court Guidance
Fiji’s Human Rights and Anti-Discrimination Commission Commissioner Alefina Vuki has urged all Fijians to seize the opportunity to have their voices heard as the nation eyes a new round of constitutional reform. Speaking after the Supreme Court’s ruling on the 2013 Constitution, Vuki welcomed a balanced, democratic path forward that invites public participation alongside Parliament.
The court clarified a two-step process for constitutional amendments: two-thirds support in Parliament for readings, followed by a national referendum in which a simple majority of those who vote would bind the changes. It also affirmed that the 2013 Constitution remains the legally effective framework, while the 1997 Constitution is no longer applicable.
“This referendum process is a breakthrough. It allows the people, for the first time, to directly shape an instrument that was originally imposed on them,” Vuki stated, underscoring the importance of citizen input in shaping the country’s fundamental law.
Vuki emphasized that the new formula balances stability with public inclusion. The referendum component, paired with parliamentary backing, makes constitutional change reasonably achievable without undermining governance or eroding safeguards. She added, “This is now a chance for the people of Fiji to engage in their own future. If they truly want the Constitution to reflect their needs and wishes, they must participate fully once the referendum is held. This is democracy in action; their voices will be heard not just nationally but also fully integrated into parliamentary processes.”
Crucially, the ruling addresses long-standing criticisms that the amendments process lacked legitimacy or direct public involvement. By enabling direct citizen participation through a referendum while preserving essential safeguards, the court’s guidance sets the stage for broader dialogue and a potential mechanism to guide reform, such as a constitutional review process or nationwide consultations.
Looking ahead, Vuki urged ongoing engagement from all sectors—citizens, civil society, and government alike—to ensure any amendments truly reflect Fiji’s diverse communities. The court’s opinion is seen by many as a constructive step toward a more transparent, inclusive approach to constitutional evolution, designed to strengthen democratic legitimacy while upholding the rule of law.
Summary: The Supreme Court’s advisory redefines Fiji’s path to constitutional change. The 2013 Constitution remains in force, the 1997 Constitution is no longer applicable, and amendments require two-thirds parliamentary support for readings and a simple majority of referendum voters to take effect. The decision encourages nationwide dialogue and public participation, signaling a hopeful direction for Fiji’s constitutional future.
Commentary and outlook: Analysts and reform advocates view this as a positive move toward a more participatory and accountable process. With clear thresholds that combine legislative consensus and citizen involvement, Fiji aims to reinforce democratic legitimacy while maintaining stability and governance protections. The coming months are likely to feature renewed public education, consultations, and potential constitutional review mechanisms to ensure reforms reflect the will of all Fijians.
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