The Civil Society Alliance for Democracy (CSAD) has called on the Government to defer the third reading of the Constitution (Amendment) Bill scheduled for November 2, warning that the rushed consultation process risks repeating the democratic shortcomings of the 2013 Constitution.
In a strongly worded statement, the alliance demanded that written submissions be reopened and at least six months be allowed for public education, consultation and scrutiny of the proposed constitutional changes.
It said further parliamentary consideration should not take place before April or May 2027.
“The Government must reopen written submissions and provide at least six months for meaningful public education, consultation and scrutiny of the actual constitutional text it proposes to enact,” the alliance said.
CSAD criticised the Government for introducing the Bill on September 30 and proceeding with its second reading and vote just two days later, on October 2.
It said public submissions only opened on October 12 and closed on October 23, while public consultations began on October 15.
“Parliament had therefore already endorsed the Bill at its second reading before public consultation on the Government’s text had even begun.”
The alliance said the proposed Constitution contained 150 pages and 229 sections, making it unreasonable to expect citizens and organisations to properly examine the document within such a short period.
It also criticised the limited speaking time given to members of the public during consultations.
“People cannot reasonably be expected to compress an examination of the country’s proposed constitutional order into a few minutes and then accept that they have been meaningfully consulted.”
CSAD argued that Section 160(2)(c) of the 2013 Constitution, which requires at least 30 days between the second and third readings, should not be interpreted as a deadline for Parliament to complete the process.
“Thirty days is a floor, not a ceiling,” the alliance said.
It warned that the Government risked repeating the same democratic shortcomings it had criticised in the adoption of the 2013 Constitution.
“The Government cannot remedy a democratic deficit by repeating it.”
The alliance said democratic legitimacy required more than securing sufficient parliamentary votes.
“Democratic legitimacy requires more than an elected government introducing a Bill and securing the votes to pass it; it requires informed public participation, genuine deliberation and a willingness to change the text in response to the people.”
CSAD also argued that a referendum could not compensate for inadequate public consultation during the drafting process.
“A referendum at the end (especially one done through a hastily enacted legal framework) cannot retrospectively cure an inadequate process or substitute for the public’s right to help shape the constitutional choices placed before them.”
The alliance raised concerns about alleged inconsistencies, defective cross-references and unclear transitional arrangements in the proposed Constitution.
It said provisions dealing with executive powers, independent appointments, elections, immunity and children’s rights required independent legal and technical scrutiny.
“Errors in a constitution can distort institutions, weaken rights and generate disputes for decades.”
CSAD maintained that the public must be given a genuine opportunity to examine and influence the final constitutional text before Parliament proceeds with a vote.
Members of CSAD are Centre for Democracy & Dialogue (CDD), Fiji Council of Social Services, Transparency & Integrity Fiji, Social Empowerment Education Programme (SEEP), ILGA Oceania, femLINKpacific, Conciliation Resources, Fiji Council of Churches, School Management Association of Fiji, Shree Sanatan Dharam Pratinidhi Sabha of Fiji, United Nations Association of Fiji and Interfaith Search Fiji.
