Fiji’s path towards constitutional reform is being shaped by recent developments in Parliament and a significant advisory ruling from the Supreme Court. A key aspect of this process requires the parliament to pass new legislation to provide a legal framework for conducting a nationwide referendum, which is essential for any proposed amendments to the Constitution to take effect.
International IDEA emphasized that following the Supreme Court’s recent judgment, the means of effecting constitutional change is now firmly in the hands of the people, facilitated by their elected representatives. According to Fiji’s 2013 Constitution, any proposed constitutional amendments must be introduced as a bill in Parliament, wherein it must undergo multiple readings and secure a two-thirds majority from Members of Parliament. Furthermore, parliamentary committees are required to table reports, and a minimum of 30 days must be designated for debate on the proposal.
Once Parliament passes the bill, the subsequent stage requires a referendum managed by the Electoral Commission. For the amendment to take legal effect, it must receive a majority vote from the participating electorate. However, currently, there is no established legal framework detailing how such a referendum should be conducted, thus prompting the Parliament to take proactive measures to legislate procedures covering all necessary aspects of a referendum, from ballot design to public education and campaigning regulations.
International IDEA highlighted the importance of thoughtful consideration surrounding the referendum process, which includes attention to the clarity of the ballot question, proper public education campaigns, and rules to combat misinformation. It also noted that for successful implementation of these changes, the Electoral Commission will need additional resources and capacity.
With experience drawn from other nations, such as Vanuatu’s successful constitutional referendum in May 2024, Fiji is being encouraged to look for examples that can inform their practices. International IDEA has extended an offer to assist, should Fiji seek help in navigating this challenging process.
In light of the Supreme Court’s opinion, Fijians are poised for a more engaged and transparent process for constitutional reform. By focusing on public participation and inclusivity, not only within parliamentary discussions but also in broader public discourse, Fiji can progress towards a constitutional framework that better reflects the will and aspirations of its diverse populace.
The ongoing discussions in Parliament about potential amendments, coupled with the establishment of a Constitution Review Commission for public engagement, signal a positive shift toward a more democratic and responsive governance structure. This endeavor aims to empower all Fijians, potentially leading to a constitutional evolution that genuinely mirrors the voices of the people, fostering a fairer society in the future.
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