Fiji Supreme Court clarifies path for constitutional changes as opposition voices concern for minority protections
The Fiji Labour Party has voiced concern over how the Supreme Court interpreted the 2013 Constitution, noting that the court still regards the document as legally effective while not fully recognizing its amendment provisions. The ruling clarifies that changes to the Constitution cannot be made with a simple parliamentary majority and must follow a two-step process: a two-thirds majority in Parliament and a simple majority of votes in a national referendum. The court rejected the government’s argument that amendments could be valid with Parliament alone.
FLP Leader Mahendra Chaudhry warned that lowering the threshold from the former 75 percent “supermajority” would threaten protections for minority communities, with particular emphasis on the Indian community given Fiji’s history of race-based upheaval. Chaudhry also criticized the Coalition Government for not detailing proposed constitutional changes, arguing that reforms should be pursued through political negotiations to build broad consensus and stability.
Context and implications:
– The court’s decision reinforces a pathway for constitutional reform that seeks to balance stability with meaningful public participation, moving away from the hard barrier of the 75 percent double entrenchment.
– The 1997 Constitution is no longer applicable, and the 2013 Constitution remains the framework guiding laws, elections, and daily governance.
– The ruling places responsibility on both Parliament and the public, potentially increasing transparency and public trust in any future reforms.
– Ongoing debates about governance, transparency, and public consultation are likely to shape how Fiji approaches constitutional change, including whether a constitutional review process or Commission will play a central role.
What to watch next:
– How Parliament handles proposed amendments under the clarified thresholds and the potential timing and conduct of any referendums.
– Whether discussions advance toward establishing a Constitution Review Commission to broaden civic participation.
– Public discourse on minority protections and the secular status of Fiji as reform efforts proceed.
Summary:
The Supreme Court confirms the 2013 Constitution remains the legal framework while ruling that amendments require a two-thirds Parliament majority plus a simple majority of referendum votes—replacing the previous 75 percent double-supermajority requirement. This marks a shift toward a more transparent, participatory approach to constitutional reform, with ongoing debate about minority rights, public consultation, and the future role of constitutional review processes. A hopeful takeaway is that clearly defined rules and inclusive procedures can strengthen democratic legitimacy and public confidence in Fiji’s governance.
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