Jon Apted, a constitutional lawyer, has raised concerns over Fiji’s 2013 Constitution, describing it as “ruler-centred” instead of the traditionally people-oriented framework that previous constitutions upheld. Speaking at the Attorney-General’s Conference in Nadi, he highlighted a significant shift in focus within the constitutional structure, arguing that it has moved away from protecting citizens’ rights and limiting government power.
Apted elaborated on the crucial nature of human rights provisions within a constitution, emphasizing that these rights should be reserved for the people rather than granted by the government. According to him, these rights represent areas where the government should not intrude, maintaining that citizens should retain control over certain aspects of their lives.
He criticized the 2013 Constitution for its opposite approach, stating it primarily serves the interests of those in power and outlines how they intend to govern. “It’s ruler-centred, not people-centred,” he asserted, implying that the constitution was crafted more for the ruling class than for public welfare.
Furthermore, Apted suggested that the government responsible for drafting the 2013 Constitution possibly believed their rule would be permanent, a notion he feels has been proven incorrect with recent political events.
He also pointed to the erosion of foundational principles such as the separation of powers, which have been integral to Fiji’s governance model since 1966. This raises concerns about the future of governance in Fiji and the potential implications for democratic practices.
The discussion around the constitution reflects broader themes of governance, citizen rights, and the accountability of those in power. A hopeful perspective on this could suggest that ongoing discussions and critiques, like those from Apted, may lead to a reevaluation of the constitution, encouraging a more inclusive and citizen-centered approach in the future. Such dialogue is essential for ensuring that the government remains accountable to the people it serves.
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