Jon Apted, a constitutional lawyer, has expressed concerns about Fiji’s 2013 Constitution, labeling it as “ruler-centered” during his address at the Attorney-General’s Conference in Nadi. He highlighted that this constitution diverges significantly from previous ones, moving away from a people-centered approach.
Apted emphasized that a constitution should define the limitations of governmental authority and safeguard human rights, which are crucial for protecting citizens’ freedoms. He noted that these rights should not be viewed as privileges bestowed by the government but rather as inherent protections reserved by the people.
According to Apted, the essence of the 2013 Constitution lies in its rules governing those in power, rather than serving the interests of the populace. He raised concerns that the previous administration, responsible for the constitution’s drafting, operated under the misguided belief that they would remain in power indefinitely.
Furthermore, Apted pointed to the erosion of fundamental constitutional principles, such as the separation of powers, which he described as a cornerstone of Fiji’s governance since 1966.
In a hopeful light, this discussion can foster renewed dialogue about the need for constitutional reforms in Fiji, promoting a shift back to a framework that prioritizes the rights and voices of the people. It highlights an opportunity for citizens to engage actively in discussions about their governance and constitutional rights, potentially leading to positive changes in how they are represented and protected.
Summary: Jon Apted criticizes Fiji’s 2013 Constitution as “ruler-centered,” arguing that it undermines human rights and the essential purpose of constitutions to protect citizens’ freedoms, advocating for a return to a people-centered approach.
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