National Federation Party (NFP) legal counsel Jon Apted has told the Supreme Court that Fiji has changed significantly since the time of the 1997 Constitution and urged the Court to recognise the need for constitutional frameworks that reflect the country’s” evolving demographics, political dynamics, and social cohesion.”
He made the submission during the constitutional reference case brought by Cabinet.
Mr Apted, who served as a legal adviser during the 1997 constitutional process, emphasised that the compromises made back then were rooted in concerns that no longer apply in the same way today.
“The numbers have changed. The same issues as in 1987 don’t exist to the same extent,” Mr Apted said.
“The arrangements and compromises made in the 1997 Constitution were based on a different Fiji.”
“The most important issues, especially the country’s demographics, have completely changed.”
He told the judges that interethnic relations have improved and political parties are no longer organised strictly along communal lines.
“We’ve moved on. There is no longer such a huge division.”
Mr Apted urged the Court to consider that constitutions must be flexible and responsive to the reality of changing circumstances, especially for small island developing states like Fiji.
“As a small island state, we’re always going to face migration, as our citizens seek better opportunities elsewhere,” he said.
“We will face challenges we cannot even imagine today, who would have thought we would one day have a Minister for Climate Change?”
The Court hearing continues this afternoon.