Fiji’s Constitution Review Commission has recommended that the country’s Constitution undergo a formal review every 10 years, as part of proposals aimed at allowing the supreme law to evolve while retaining stronger protection for fundamental provisions.
Under the recommendation, a Constitution Review Commission would be established every decade to examine the Constitution and consider whether changes are required.
The Commission also proposes making the Constitution “reasonably amendable to reflect evolving societal consensus”, while maintaining higher amendment thresholds for core protections, including the Bill of Rights.
It recommends requiring super-majorities for amendments to specified chapters and provisions.
The Commission said the constitutional amendment framework should follow the approach set out in the Supreme Court’s Advisory Opinion concerning the Chapter 11 amendment provisions.
It has also recommended strengthening Section 2 on constitutional supremacy and ruling out immunity for any future attempts to contravene the Constitution.
Other proposals include clarifying the inherent jurisdiction of the courts and providing clearer constitutional definitions of State offices, including their functions, appointment procedures, eligibility requirements, powers and accountability mechanisms.
An enforceable constitutional Code of Conduct for State office holders, overseen by the Ombudsman, has also been proposed.
The Commission further recommends translating the Constitution into iTaukei, Hindi and Rotuman.
On the military, the report again calls for constitutional provisions clearly subordinating the RFMF to civilian authority and focusing its role on external threats.
Military assistance to civil authorities during states of emergency would be called upon by Cabinet on the recommendation of the National Security Council and would require confirmation by Parliament.
The Commission also proposes an independent Director of Military Prosecutions and a Military Court, open to the public and staffed by sitting High Court judges acting as military judges.
It stresses that military personnel would remain subject to the Constitution and retain Bill of Rights protections when accused of offences.
The recommendations form part of the Commission’s wider proposed constitutional framework and would not take effect unless implemented through the applicable constitutional process.
