A significant legislative initiative has emerged in Fiji, as the Parliament began the second reading of a Bill aimed at amending the 2013 Constitution. Attorney General Graham Leung highlighted various critical issues regarding the current constitutional amendment process, which he described as one of the toughest globally. The 2013 Constitution mandates a three-quarters majority in Parliament and a three-quarters approval from registered voters in a referendum for any amendments, rendering modifications exceedingly challenging.
Leung criticized the amendment procedure as undemocratic, arguing that it was designed to maintain tight control over governance and stifle the popular will. He stated, “It is not a mechanism to support popular sovereignty – it is deliberately designed to defeat the will of the people.” The proposed reforms aim to make amendments to the Constitution more accessible, reducing the required parliamentary majority from three-quarters to two-thirds. This change follows recommendations from the Reeves Commission and draws inspiration from the provisions of the 1997 Constitution, which was the last version to be democratically approved by the Fijian populace.
Furthermore, Leung pointed out that the 2013 Constitution, though it begins with the phrase “we, the people of Fiji,” was never subjected to a public referendum nor created with the involvement of elected representatives. He voiced concerns that the Constitution conferred excessive powers to the Prime Minister and Attorney General under the assumption they would remain in power indefinitely.
This move to amend the Constitution represents a pivotal moment in Fiji’s legislative history, as it aims to strengthen democracy and encourage greater citizen engagement in governance. There are promising prospects as the government also plans to establish a Constitution Review Commission to facilitate public discussions on potential amendments, reflecting a commitment to inclusive governance.
The evolution of Fiji’s constitutional framework is viewed positively, as it seeks to align with the people’s aspirations and promote a more participatory democracy. This legislative change could herald a brighter future for Fijian governance, fostering a legal structure that truly reflects the voice of its citizens while paving the way for a more equitable and just society.
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