Prominent constitutional lawyer Jon Apted has raised significant concerns regarding Fiji’s electoral framework, labeling the provisions outlined in Section 53 of the Constitution as “extremely problematic.” During a session titled “Where to from here? A Constitution for the people by the people,” held at the Attorney-General’s Conference in Nadi, Mr. Apted emphasized that the requirement for a multi-member open-list system of proportional representation, combined with a single national electoral roll, has resulted in a governance structure wherein Fiji operates effectively as one large constituency. This interpretation suggests that parliamentary representatives are chosen based on votes from the entire country, rather than from specific local communities.
Mr. Apted criticized this system for undermining local representation, pointing out that citizens lack a dedicated member of Parliament (MP) to advocate for their interests. He described the situation as concerning, as it forces candidates to concentrate their efforts on populous areas, thereby neglecting the representation of smaller communities. “Local people have no MP that they can go to, to protect their interests,” he asserted.
Additionally, he highlighted challenges faced by independent candidates, noting that the current electoral structure creates an unrealistic barrier for them to succeed. If a by-election is needed due to an independent MP’s resignation or disqualification, the election must encompass the entire nation, which is both logistically and financially burdensome.
Mr. Apted pointed out that this concentrated system often leads to MPs being elected with a surprisingly low number of votes—sometimes as few as 600 or 1,000—resulting in questions about their legitimacy in representing constituents. He contended that the Constitution does not necessitate a single constituency model and implied that greater clarity on electoral boundaries and vacancies would benefit the overall political landscape.
This analysis sparks important conversations about the future of Fiji’s electoral system. As discussions continue, there remains hope that these issues will encourage engagement and reform, fostering a more representative and inclusive governance structure that better serves the diverse communities of Fiji. By addressing these concerns, there is potential for a strengthened democracy that truly reflects the will of the people on a local level.
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