Professor Shaista Shameem, Vice Chancellor of the University of Fiji and former Director of the Human Rights Commission, advocated for a careful and inclusive approach to electoral reform during a recent panel discussion hosted by Dialogue Fiji. This event brought together representatives from political parties, academia, and journalism, focusing on the ongoing debate over Fiji’s political and legal system reforms.
As Fiji stands at a crucial junction in the reform process, Professor Shameem highlighted the potential constitutional challenges that could arise. The current Coalition government, under Prime Minister Sitiveni Rabuka, is pursuing reforms designed to address historical and systemic issues within the nation’s democratic framework. Professor Shameem stressed that all constitutions in Fiji since 1970 have emphasized equality, but the distinction between “fair” and “unfair” discrimination remains complex and contentious.
In discussing the implications of reserved parliamentary seats, particularly for women, Professor Shameem expressed concerns about defining eligibility in a contemporary context where gender can be self-defined. She cautioned against blanket approaches to reserved seats without clear criteria, suggesting that all categories need to be considered equitably.
The imminent Supreme Court ruling on the validity of the 2013 Constitution could have profound implications for the reform timeline. Professor Shameem characterized the legal question about the 1997 Constitution’s validity as a potential disruptive element in the reform process, noting that a ruling affirming the 1997 Constitution could necessitate significant changes, such as reinstating the Senate and revising electoral laws to align with the provisions of the earlier constitutional framework.
Further supporting the discussion, past comments from constitutional law experts like Professor Anthony Regan have pointed out that the current Constitution is designed in a way that resists amendments, raising concerns about future governance integrity under the existing provisions. This trajectory continuously reinforces the call for comprehensive dialogues around constitutional change.
The ongoing dialogue around Fiji’s constitutional issues brings a cautious yet hopeful outlook, emphasizing the importance of transparency and inclusion in promoting democracy and national unity. By engaging in this critical discourse, stakeholders are demonstrating a commitment to building a framework that reflects the diverse interests and aspirations of all Fijians, ultimately paving the way for a more inclusive democratic process.
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