Constitutional lawyer Jon Apted criticized Fiji’s 2013 Constitution, labeling it as “ruler-centred” during the Attorney-General’s Conference in Nadi. He contrasted this document with previous constitutions, arguing that the current one has strayed from a people-centered approach.
Apted emphasized that a constitution should impose limitations on government power and include robust provisions for protecting human rights. He articulated that these human rights are not privileges bestowed by the government but rather rights reserved by the people. “You can govern us, but you can’t make laws about these things… We keep it for ourselves,” he remarked, underscoring the importance of protecting individual freedoms.
He pointed out that the 2013 Constitution appears to serve the interests of the government rather than the citizens, describing it as crafted “by the rulers, not by the people.” Furthermore, Apted suggested that the previous administration that drafted the constitution might have believed they would remain in power indefinitely, a notion they have since realized is flawed.
Apted also raised concerns about the erosion of key constitutional principles, including the separation of powers, which he noted has been a cornerstone of Fiji’s governance since 1966.
This discussion highlights the ongoing debate regarding the need for a constitution that truly reflects the will of the people and safeguards their rights. The call for a focus on human rights and the doubt cast upon the current governance framework create an opportunity for dialogue about constitutional reform. As Fiji continues to evolve, there remains hope that the push for a more inclusive and empowering constitution will gain traction, fostering a governance model that genuinely prioritizes its citizens.
Leave a comment