Fiji’s Constitutional Conundrum: Is Change on the Horizon?

Constitutional lawyer Jon Apted addressed the challenges of reverting to previous constitutional frameworks during the Attorney-General’s Conference at the Sheraton Fiji Resort and Spa in Nadi. He pointed out the impracticalities of returning to the 1997 constitution, citing that significant changes and developments over the years, metaphorically referred to as “too much water under the bridge,” create logistical and institutional hurdles.

Apted elaborated on the complexities involved, such as determining the current make-up of Parliament and the judiciary, which would pose significant challenges if a return to the older constitution were attempted. He stressed that the legal environment has evolved, making it unclear who would hold various government positions under a restored framework.

However, Mr. Apted did acknowledge a “unique moment for change” in Fiji’s political landscape, indicating that there are new opportunities for reforms now that the FijiFirst party has diminished in strength within the House. There appears to be a growing willingness among remaining members to explore potential changes to the Constitution.

He also referred to a recent Supreme Court ruling that signified the judiciary’s readiness to engage creatively with constitutional interpretation, suggesting a potentially favorable environment for reform.

Various proposals for reform have been put forth, including the possibility of a referendum and questioning the validity of the 2013 Constitution based on procedural grounds. Yet, Apted raised concerns about the practicalities of implementing such proposals, particularly in defining the referendum’s questions and determining the framework for what changes would be acceptable.

Apted’s insights come amid increasing demands for constitutional reform and a fresh evaluation of governance structures in Fiji, highlighting a critical period for potential transformation in the nation’s political fabric.

In summary, the commentary underscores the complexities of constitutional reform in Fiji while also revealing an evolving political environment ripe for change. With judiciary support and shifting political dynamics, there remains hope for constructive dialogue and meaningful reforms.