Before Fijians can cast their votes in a constitutional referendum, Parliament must first pass new legislation to govern how such a process would be conducted.
This requirement was highlighted by International IDEA following the Court’s recent opinion, which opened a viable pathway for constitutional change in Fiji.
The organisation said the judgment puts decision-making power directly in the hands of the people — through their elected representatives in Parliament, and ultimately through a nationwide referendum.
Under sections 159 and 160 of Fiji’s 2013 Constitution, any proposal to amend the Constitution must be introduced as a Bill in Parliament, debated three times, and supported by at least two-thirds of all Members of Parliament.
Before the final vote, a parliamentary committee must table its report, and a minimum of 30 days must be allowed for debate.
If Parliament passes the Bill, the next step is a referendum conducted by the Electoral Commission.
For the constitutional change to take effect, a majority of voters must support it, after which the President gives assent.
However, International IDEA noted that no legal framework currently exists to guide how a referendum would be conducted.
This means Parliament must first enact new legislation setting out procedures for everything from ballot design and question wording to campaign rules and public education.
“Careful consideration is needed on matters such as the wording of the question, the design of the ballot paper, public education, and rules about campaigning to counter mis- and dis-information,” the organisation said.
The Electoral Commission will also require additional resources and capacity to manage such a significant national exercise. International IDEA suggested that Fiji could learn from Vanuatu, which successfully conducted its first constitutional referendum in May 2024.
“International IDEA stands ready to assist, if requested,” it said.
The organisation added that beyond the formal constitutional steps, Fiji could also consider additional public engagement — such as a commission of experts or a citizens’ assembly — to consult the public and identify key constitutional issues.
“Fiji can draw on its own rich experiences of constitution-making, such as the Reeves and Ghai Commissions, as well as international examples, to ensure that any review process genuinely reflects the voices and aspirations of the Fijian people,” International IDEA said.
