Fiji’s Constitutional Shake-Up: A Move Towards True Democracy?

Fiji’s Parliament has embarked on a significant legislative reform with the second reading of a Bill aimed at amending the 2013 Constitution. Attorney General Graham Leung underscored the complex nature of the current amendment process, which is considered one of the toughest in the world. The existing framework requires a three-quarters majority in Parliament and a similar majority from registered voters in a referendum, which Leung argues makes constitutional changes exceedingly difficult.

He criticized this amendment process as undemocratic, asserting it was intentionally structured to suppress the public’s will rather than promote popular sovereignty. To address these concerns, the proposed changes aim to lower the parliamentary majority required for amendments from three-quarters to two-thirds. This proposal is influenced by recommendations from the Reeves Commission and takes inspiration from the 1997 Constitution, which was the last version to be democratically endorsed by the Fijian population.

Leung also highlighted that the 2013 Constitution, despite its preamble stating “we, the people of Fiji,” was neither approved through a public referendum nor formulated with elected representatives’ input. He expressed apprehensions that the current Constitution grants disproportionate authority to the Prime Minister and Attorney General, based on the assumption of their perpetual dominance.

This initiative to amend the Constitution is a crucial development in Fiji’s legislative landscape, focused on strengthening democratic processes and nurturing greater citizen involvement in governance. The government aims to establish a Constitution Review Commission, which will facilitate public discussions on potential amendments, showcasing a commitment to more inclusive governance.

The ongoing evolution of Fiji’s constitutional framework is viewed as a positive step towards aligning with citizens’ aspirations while promoting a more participatory and equitable democracy. This legislative reform could signal a promising direction for the future of Fijian governance, ideally resulting in a legal system that genuinely reflects the voices of its people and fosters a more just society.