Constitutional lawyer Jon Apted has characterized Fiji’s 2013 Constitution as “ruler-centred,” indicating a significant departure from prior, more people-focused governing documents. During his remarks at the Attorney-General’s Conference in Nadi, Apted emphasized that a constitution should be established by the people, serving to impose limitations on governmental authority while safeguarding human rights.
He conveyed that human rights provisions are vital, as they highlight the areas that citizens retain control over, asserting that these rights are not bestowed by the government but are inherent entitlements that the people reserve for themselves. “You can govern us, but you can’t make laws about these things,” he stated, emphasizing the importance of protecting personal freedoms from government overreach.
Apted critiqued the 2013 Constitution, claiming it deviates from its fundamental purpose of protecting citizens’ freedoms and instead reinforces a power structure dictated by ruling authorities. He pointed out that the current constitution reflects the mindset of those in power, suggesting that it was crafted with the belief of indefinite governance by the drafters. “Now that they found out, sorry, Flory, they’re not,” he remarked, signaling a realization among the former government about the deficiencies of their constitution.
Apted also highlighted the erosion of core constitutional principles, particularly the separation of powers, which he noted has been fundamental to Fiji’s governance since 1966. This critique raises important questions about the direction of governance in Fiji and the ongoing need for a constitution that reflects the will and rights of its citizens.
In a hopeful note, the awareness and dialogue surrounding these constitutional issues may inspire future reforms that prioritize a people-centred approach, ensuring that the voices and rights of the citizenry remain at the forefront of governance in Fiji.
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