The Fiji Government’s Draft Constitution 2026 is considerably closer to the 2013 Constitution than the Constitution Review Commission’s (CRC) proposed draft when it comes to the distribution of political power.
This is the assessment of the Centre for Democracy & Dialogue (CDD), which made a written submission today to the Parliamentary Special Committee examining the Constitution Amendment Bill 2026.
CDD argues that while the Government’s draft contains some improvements over the 2013 Constitution, it fails to address the excessive concentration of constitutional power in the political Executive.
The organisation said an objective comparison of the three constitutional texts revealed that many safeguards proposed by the CRC to distribute power more evenly had been removed from the Government’s draft.
“The real constitutional question is not simply how many provisions have changed. It is where constitutional power ultimately sits, who can exercise it, and whether institutions exist that can effectively restrain the Government when that power is abused.”
CDD said the CRC had proposed several measures to strengthen accountability, including a politically independent Constitutional Offices Commission, greater independence in senior judicial appointments, a cap on Cabinet membership and limits on repeated appointments as Prime Minister.
Other recommendations included stronger public-service independence, elected local government and independent constitutional accountability mechanisms.
However, CDD said many of these safeguards were absent from the Government’s draft.
It pointed to the proposed restoration of a Constitutional Offices Commission with an effective 4–2 government-aligned majority and renewed Prime Ministerial influence over appointments of the Chief Justice and President of the Court of Appeal.
The organisation also raised concerns about the removal of the CRC’s proposed Cabinet cap and Prime Ministerial term limit.
CDD argued that some provisions would give the Prime Minister or governing majority additional powers, including a five-year parliamentary term, six Senate appointments on Prime Ministerial advice and influence over the proposed Constituency Boundaries Commission.
It also questioned provisions allowing Parliament to alter the balance between constituency and party-list seats through ordinary legislation and an urgent-legislation procedure activated by Prime Ministerial certification.
CDD maintained that the 2013 Constitution contained important democratic achievements worth preserving, including equal citizenship, secularism, proportional representation and protection of indigenous land, culture and identity.
It said constitutional reform should retain those foundations while addressing the concentration of executive power.
The organisation has called for substantial changes to Bill 32 before it proceeds further through Parliament.
