Constitutional lawyer Jon Apted has expressed significant concerns regarding the status of human rights and the separation of powers under the 2013 Constitution, describing these principles as largely superficial. During a session at the Attorney-General’s Conference focused on the Constitution’s future, Apted scrutinized key elements of the document, pointing out its constraints on human rights and the extensive powers vested in the government.
He referenced Section 73 of the Constitution, which maintains the validity of 400 decrees and proclamations enacted prior to the Constitution’s ratification. This means that actions from various governmental bodies, like the Fijian Competition and Consumer Commission or the Commerce Commission, are not subject to the protections offered by the Bill of Rights, leaving citizens without avenues for redress in instances where their rights may be violated.
Mr. Apted further criticized the elimination of a key safeguard that previously mandated any limitation of rights to be “reasonable and justifiable in a democratic society.” He highlighted that, under the current Constitution, this provision has been replaced by a clause allowing for limitations on rights if they are deemed “necessary” according to the law. This change effectively broadens the government’s ability to infringe upon individual rights under the pretext of legality.
While he acknowledged that courts have recently been applying a proportionality test to ensure that limitations on rights are kept to a minimum, Apted warned that judicial interpretations could evolve, potentially expanding the scope for rights violations. He emphasized the need for a review of the human rights components of the Constitution to ensure a genuine framework exists for the protection of individual freedoms in society.
This emphasizes the ongoing discourse around constitutional reforms and the importance of safeguarding human rights in legal frameworks. As citizens and legal experts continue to address these concerns, there is hope that future amendments may strengthen human rights protections, fostering a society where such rights are actively respected and upheld.
In summary, Apted’s insights underscore a critical need for reevaluation of the 2013 Constitution’s provisions regarding human rights, aiming for a stronger and more effective framework that truly serves the people.
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