A PROPOSED 10-year review period of Fiji’s Constitution has been suggested by the Constitutional Review Commission.
The commission referenced the Supreme Court’s Advisory opinion delivered earlier this year that Chapter II of the 2013 Constitution adding that the amendment provisions would be maintained.
In its 236-page report submitted to Parliament yesterday, the Commissioners further explained that they hoped the lawful amendment of the Constitution would become a norm in years ahead.
“This Constitution should reflect a society that has changed a great deal since independence – and in the decades to come, it will change again in ways none of us can predict,” the report said.
“The commission draws its approach here from the Supreme Court’s Advisory Opinion on the Chapter 11 amendment provisions and will abide by it in good faith.
“A constitution especially given Fiji’s history is a document that all citizens, in all their diversity, deserve a say in.
“It should be reasonably amendable, to reflect a consensus as it forms, while remaining rigid enough to protect rights and protections from erosion.”
The report explained this tension goes to the heart of the democratic deficit the Supreme Court identified.
“The commission has recommended the Constitution be reviewed every ten years by a Constitution Review Commission, with super majorities required for the Bill of Rights and select provisions.”
The report added the custodian role should not lie solely on the military.
“On further deliberation, the commission decided that this role of custodian is shared by all officers of the State and all citizens alike. Institutions like the disciplined forces do carry unique responsibilities in upholding the rule of law, and submitters called for clarity in their roles, functions, and powers, along with accountability and appropriate independence in exercising executive authority.
“Fear of the military, given its responsibility for coups in Fiji’s past, cast a shadow over earlier efforts at constitutional reform.
“Commissioners recommend amendments to the provisions relating to the military, specifically Section 131, to ensure the military’s subordination to civilian rule, to clarify its role in addressing external threats, and to define its function as an aid to Civil power, as determined by Parliament.”
