The Government’s proposed Constitution Amendment Bill fails the test of meaningful public participation and risks concentrating greater power in the hands of the executive, according to constitutional commentators Romitesh Kant and Mereoni Chung.
In an analysis published by International IDEA’s ConstitutionNet on October 19, the two argue that Bill 32 of 2026 falls short of the democratic and constitutional standards raised by the Supreme Court.
They say the Bill was substantially rewritten following public consultations, leaving Fijians only a fortnight to respond to the revised provisions.
“On the second, it repairs some deficits but leaves others intact and creates new ones: a constitution that the people cannot readily change, power that remains insufficiently checked, and immunity that expands rather than recedes,” they wrote.
The commentators argue that the fundamental issue is whether the proposed Constitution transfers power to ordinary citizens or further concentrates it among political and traditional institutions.
“A democratic constitution moves power down, towards voters, local communities, Parliament and bodies that can hold the government to account,” they wrote.
They contend that the proposed amendments move in the opposite direction, retaining significant authority within the executive, particularly the Prime Minister.
They also raise concerns about an appointed Senate and a Council of Chiefs that would have powers to select the President and veto constitutional changes.
Kant and Chung argue that while some authority would be transferred to customary institutions, much of it would involve powers over individuals rather than greater democratic empowerment.
The commentators have urged the Parliamentary Special Select Committee to accept the additional consultation time offered by Prime Minister Sitiveni Rabuka and conduct hearings beyond Viti Levu.
They also recommend publishing plain-language explanations of the Bill in English, iTaukei, Hindi and Rotuman.
Among their proposed changes are ending immunity in October 2014, removing the chastisement clause, restoring constitutional protections, retaining an independent anti-corruption institution and narrowing the Council of Chiefs’ veto powers.
They also call for referendum protections for core constitutional provisions and clarity over the rules governing the next general election.
The commentators say the referendum should be postponed until after the election, as proposed by the National Federation Party, if additional time is required for meaningful public consultation.
“The Court opened the door for Fijians to shape their Constitution ‘from time to time’. As drafted, the Bill gives them a fortnight to comment, a single vote to approve it, and then closes that door,” they wrote.
“That is not the constitutional repair the Court had in mind.”
