The Constitution Review Commission says that while a large number of submissions called for the complete removal of the 2013 Constitution, it was also urged not to discard provisions considered beneficial.
In its report, the Commission said strong views about the validity of the Constitution emerged during consultations, which it linked to Fiji’s constitutional history and what it described as the “obscure origins” of the 2013 Constitution.
“A large volume of submissions called for the full removal of the 2013 Constitution,” the Commission states.
However, it said other submissions cautioned that addressing what they regarded as the Constitution’s “democratic deficit” should not result in provisions considered beneficial being abandoned.
“We also heard from submitters that in addressing the democratic deficit of the 2013 Constitution, we would do well not to disregard its beneficial aspects,” the report states.
The Commission said it therefore adopted a selective approach to reform, recommending changes where they were considered necessary, supported by public submissions and reasonably justified in strengthening democracy, nation-building and the rule of law.
Where existing provisions were supported or had not attracted significant concerns, the Commission said it had generally avoided changing them.
The report also acknowledges that some proposed solutions draw on Fiji’s previous constitutional arrangements, but says simply returning to earlier systems would not necessarily address contemporary circumstances.
“People have told us they want a lasting constitution that provides the stability to move the country forward, while being responsive to citizens’ aspirations,” the Commission states.
It said Fiji’s social, political and economic circumstances had changed considerably and any constitutional framework needed to address present concerns while remaining forward-looking.
The Commission also cautioned against allowing immediate grievances arising from Fiji’s political history to determine the country’s long-term constitutional direction.
“A constitution must ultimately reflect actionable aspirations, not merely be centred on retribution,” the report states.
It said constitutional decisions could have consequences spanning generations and therefore needed to consider nation-building, good governance, the rule of law and protection of fundamental rights and freedoms.
