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Fiji government moves forward with review of 2013 Constitution

The 2013 Constitution, implemented under the previous FijiFirst administration, has been criticised for both its drafting process and its content.

The Fijian government is moving to initiate a review of the 2013 Constitution, a document that has faced widespread criticism since its adoption. Cabinet today approved measures to introduce a bill amending Chapter 11 of the Constitution, which will be tabled in Parliament.

Prime Minister Sitiveni Rabuka announced the establishment of a Constitution Review Commission (CRC) to engage citizens in a consultative process.

The CRC and the proposed legislation will feature in the Coalition Government’s 2025 Legislative Programme, with details to be outlined by His Excellency the President at Parliament’s new session next month.

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The 2013 Constitution, implemented under the previous FijiFirst administration, has been criticised for both its drafting process and its content. Political commentators, including Rabuka, have labelled it “imposed on the people.”

Rabuka’s People’s Alliance Party (PAP), in its 2022 election manifesto, argued that the Constitution contains provisions inconsistent with international human rights laws. “The government is introducing legislation to enable the review process to begin,” Rabuka told the Fiji Sun. He added that the Constitution grants the prime minister and attorney-general “unusual” powers.

Australia-based constitutional expert Anthony Regan, speaking at the Fiji National University, supported the review, calling it a necessary step for Fiji. “Few countries have had as many constitutions as Fiji, which reflects uncertainty about the best way forward,” Regan noted.

Rabuka welcomed Regan’s remarks, describing them as insightful. An editorial in The Fiji Times echoed this sentiment, arguing that the 2013 Constitution’s vulnerabilities could lead to potential abuse by future governments if left unamended.

Fiji has undergone four constitutional changes since independence in 1970, with the 2013 Constitution being the latest.

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