Jon Apted, a constitutional lawyer, has labeled Fiji’s 2013 Constitution as “ruler-centred,” diverging from the more people-focused approaches of earlier constitutions. During his address at the Attorney-General’s Conference in Nadi, Apted emphasized the significance of a constitution as a tool for limiting government powers while safeguarding human rights. He underscored that human rights should not be seen as privileges granted by the government but as fundamental rights reserved for the people themselves.
Apted argued that the 2013 Constitution fails to fulfill this fundamental purpose by prioritizing the interests of those in power over the needs of citizens. He expressed concern that the current constitution outlines rules designed specifically for the ruling authorities, rather than being created by the people for the people. He suggested that the previous government, which was responsible for drafting the constitution, mistakenly believed that they would remain in power indefinitely, leading them to overlook essential constitutional principles.
He highlighted the erosion of critical principles such as the separation of powers, which has been integral to Fiji’s governance since 1966. Overall, Apted’s comments invite a reconsideration of the 2013 Constitution, championing the idea that constitutional frameworks should be established by and for the people to ensure their freedoms and rights are adequately protected.
In conclusion, Apted’s remarks call for a renewed focus on creating a constitution that reflects the will and rights of the citizens, emphasizing the importance of a governance structure that empowers the people rather than just the rulers. This perspective fosters hope for a future in which citizens are more engaged in constitutional matters, advocating for a more collaborative democratic process.
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