Fiji’s Constitutional Makeover: Are the People Ready for Change?

Fiji’s Attorney-General Graham Leung has placed the amendment of the 2013 Constitution at the forefront of the current parliamentary session, highlighting the urgent need for reform in response to growing concerns about the amendment process outlined in Chapter 11. In a recent address, he underscored that the Constitution must evolve to align with the aspirations of the Fijian people, arguing that it should authentically represent the collective will rather than be dictated by authority.

Leung pointed out the legitimacy issues stemming from imposed constitutions and advocated for proactive discussions on necessary reforms. He drew comparisons to similar constitutional amendments globally, noting the United States Constitution has been amended 27 times since its inception in 1788, while India’s Constitution has undergone 106 amendments since 1950. These examples serve as a testament to the importance of adaptability in maintaining a relevant constitutional framework.

Earlier this year, the Fijian Cabinet approved the initiation of a review process for the 2013 Constitution, which has faced criticism regarding both its implementation and content. Leung announced that a Bill concerning amendments to Chapter 11 will soon be prepared for parliamentary consideration.

To further engage the public in this reform process, a Constitution Review Commission (CRC) is set to be established, reflecting Prime Minister Sitiveni Rabuka’s commitment to constitutional reform as emphasized during the 2022 election campaigns. This process necessitates a three-quarters majority vote in Parliament and public endorsement via a national referendum, ensuring that the revised Constitution will be inclusive and representative of all citizens.

These developments signify a promising opportunity for Fiji to fortify its democratic practices and governance, fostering a more participatory environment that resonates with the public’s interests and aspirations. By prioritizing public engagement, the Fijian government is taking meaningful strides toward crafting a legal framework that embodies the voices of its people, paving the way for a more just and equitable future.