Fiji’s Attorney-General Graham Leung has prioritized the amendment of the 2013 Constitution as a critical agenda in the current parliamentary session. During his address in Parliament, he acknowledged widespread concerns regarding the stringent amendment process detailed in Chapter 11 of the Constitution, stating it is essential for the legal framework to evolve alongside the aspirations of the Fijian populace.
Leung emphasized that a constitution should reflect the collective will of its citizens rather than be an imposition from authority figures, declaring, “An imposed Constitution lacks legitimacy.” He encouraged open discussions about potential constitutional reforms, asserting that change is vital for the maturation of Fiji’s young democracy. Drawing parallels with global examples, he mentioned that the United States Constitution has undergone 27 amendments since 1788, and India’s has seen 106 amendments since its establishment in 1950, arguing that adaptability is essential for a constitution’s relevance.
Earlier this year, the Fijian Cabinet approved measures to initiate the review of the 2013 Constitution, which has faced significant criticism since its adoption, particularly concerning the processes leading to its implementation and some of its substantive content. Leung noted that a Bill concerning amendments to relevant provisions of Chapter 11 will soon be finalized for presentation in Parliament.
Additionally, a Constitution Review Commission (CRC) is expected to be established to facilitate public engagement on the proposed amendments, echoing Prime Minister Sitiveni Rabuka’s acknowledgment that constitutional reform featured prominently in political campaigns during the 2022 elections.
The proposed amendment process requires a three-quarters majority vote in Parliament, along with public backing through a national referendum. This dual requirement underscores a commitment to enhance public participation and ensure that the revised constitutional framework is inclusive and representative of all Fijians.
This movement towards revising the Constitution reflects a hopeful opportunity for Fiji to strengthen its democratic processes and governance structure, fostering a more participatory environment that aligns with the needs and aspirations of its citizens. By engaging the public, the government is taking proactive steps toward creating a legal framework that reflects the collective voice of the Fijian people and paves the way for a more equitable and just future.
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