Constitutional lawyer Jon Apted has criticized Fiji’s 2013 Constitution, describing it as “ruler-centred” as opposed to previous, people-centered legal frameworks. At the recent Attorney-General’s Conference in Nadi, Apted pointed out that the Constitution should establish limits on governmental powers and include essential human rights provisions.
He emphasized that human rights should be seen as rights preserved by the people for themselves, not as privileges granted by the government. “These rights are not gifts from the Government. They are what the people reserve for themselves, dictating what the government cannot do,” he articulated.
Apted contended that the primary role of a constitution is to safeguard citizens’ freedoms, but he believes the 2013 Constitution strays from this guiding principle. He described it as focused on establishing rules beneficial to those in power, which he argues is contrary to the essence of a democratic constitutional framework.
Furthering his point, he suggested that the earlier government that created the 2013 Constitution assumed they could hold power indefinitely, a notion he feels has been proven inaccurate as political dynamics shift.
He also discussed a concerning trend in constitutional governance, namely the erosion of fundamental tenets such as the separation of powers, a key pillar of Fiji’s governance since 1966.
In summary, Apted’s remarks highlight the ongoing dialogue about constitutional reform in Fiji, encouraging a shift back towards an approach that prioritizes the rights and autonomy of citizens over the interests of rulers. This ongoing discourse offers a potential pathway for revitalizing democratic principles in the country, suggesting hope for a future where governance truly reflects the will of the people.
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