Fiji’s Constitution Under Fire: Time for Transformation?

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Opposition Leader Inia Seruiratu has expressed his belief that the political instability experienced over Fiji’s 54 years of independence can be attributed to what he describes as a “culture of convenience,” wherein the military and its personnel have been manipulated for political purposes.

Citing the National Security and Defence Review (NSDR) report, which identified that “the immunity provisions in the 2013 Constitution promoted a coup culture and were detrimental to Fiji,” Seruiratu argued against the common perception that a well-structured constitution could resolve Fiji’s political challenges.

He emphasized that the temptation of convenience has led individuals and groups to pursue shortcuts for political and personal advantages.

In August, constitutional expert Professor Anthony Regan from the Australian National University raised significant concerns during the Fiji National University’s Vice-Chancellor’s Leadership Seminar. He indicated that maintaining the current constitution is not a viable option and criticized what he deemed the “most unusual” concentration of power within the executive branch, particularly highlighting the frequent mentions of the Prime Minister and the Attorney-General in the 2013 Constitution, compared to their absence in most other constitutions.

Regan also pointed out the difficulty of amending the 2013 Constitution, which has one of the most stringent amendment processes globally. He argued that a constitution should be accessible and straightforward for the populace to understand.

As discussions surrounding constitutional reforms gain momentum, Seruiratu has reaffirmed his support for reforms that serve the nation’s best interest. He underscored the importance of the constitution in upholding the rule of law, protecting human rights, and ensuring political stability alongside the equitable distribution of power.

The Attorney-General, Graham Leung, acknowledged that recent Supreme Court comments have criticized the constitution as the result of a “handful of people who drafted it.”

Whether the movement for constitutional reform will gain a foothold remains uncertain, but there is a discernible shift towards a more inclusive and representative process to revise this foundational legal document. It will be imperative to consider the diverse perspectives of Fiji’s communities as any potential reforms are contemplated.


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