As the Fiji Law Reform Commission prepares to launch the simulation process for electoral law review at the end of this month, significant concerns arise regarding potential amendments or repeals of the 2013 Constitution. Raijeli Tuivaga, the Director of the Commission, has assured that the team is fully cognizant of these developments and is preparing for both possible scenarios. The Commission is currently advancing its work within the existing legal framework, following a Cabinet approval earlier this year to oversee the review process which began on March 20.
Tuivaga emphasized the importance of the 2013 Constitution in their review work, stating, “We cannot ignore the 2013 as is what it says, what it stands.” This highlights the challenges the team faces, as further revisions depend heavily on the constitutional framework established since 2013. Both Management Consultants Chief Executive Nirmal Singh and Unity Fiji member Sameula Tupou have raised concerns about the implications should the Constitution be changed, questioning whether ongoing reforms could proceed under simply a parliamentary majority.
In response, Tuivaga indicated that the report will be structured in two parts: one aligned with the current Constitution and another designed to address potential constitutional changes. They are also reviewing options reflecting the 2000 Constitution, showcasing an adaptive approach amidst uncertainty.
Building on this, past articles underscore ongoing pressures to reform Fiji’s electoral system, often citing the urgent need for increased women’s representation in politics—a concern that has been prominent in previous discussions due to the low participation of women in the parliamentary elections.
Moreover, there is an emerging consensus among various political leaders, such as Savenaca Narube of Unity Fiji, on the necessity for constitutional reform as a precursor for any substantive changes to electoral law. Narube has signaled intentions to challenge the Constitution’s legitimacy in court, indicating overwhelming sentiments that the current framework does not adequately represent the Fijian people’s will.
The atmosphere around these changes remains hopeful, with discussions of a potential Constitution Review Commission indicating a desire for cooperative reform that may ultimately lead to a more inclusive democracy, better reflecting the diverse perspectives within Fijian society. By fostering further public engagement in this process, the Law Reform Commission is laying the groundwork for legislation that could enhance the electoral landscape for all Fijians.
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