The current electoral framework established by the 1997 Constitution is outdated, according to Jon Apted, a partner at Munro Leys. Speaking at the Attorney-General’s Conference in Nadi, Apted stated that the original framework has proven ineffective since its inception, failing to unite political parties or create inclusive power-sharing arrangements.
Apted emphasized that the 1997 Constitution, while well-meaning, has instead led to continued communal representation and increased political instability. He remarked, “In a nutshell, when you look back at the 1997 Constitution, it’s not the constitution for our time.”
The original seat allocation—designed based on demographic data available in 1997—has not kept pace with the current population realities. Apted highlighted the demographic shifts that have occurred over the years, noting, “If we were to reintroduce that system, indigenous Fijians would be underrepresented, while Indo-Fijians would be overrepresented, and minority communities would continue to hold an outsized representation.”
He pointed out that the electoral bias disproportionately favors rural voters over urban populations, particularly in growing urban centers like Nadi and Lautoka, which have seen significant urban drift. This continued migration pattern has further marginalized the voice of the indigenous Fijian population.
Apted described the 1997 Constitution as a case study in electoral engineering gone wrong, identifying two key lessons for any future constitutional or electoral reviews. Firstly, he noted the importance of public consultation, emphasizing that adequate opportunities for public input should be integrated into the process before any draft is finalized and passed by Parliament. Secondly, he cautioned against implementing complex systems, referencing the alternative vote (AV) system as too intricate for voters to grasp effectively.
For any future voting systems to be successfully introduced, Apted stressed the necessity for substantial investment in public education to ensure widespread understanding among the electorate. His insights underscore a critical need for reforms that align with the evolving demographic landscape, emphasizing that enhancing voter representation could lead to a more stable and inclusive political environment in Fiji.
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