The Fiji Labour Party has welcomed the Supreme Court’s opinion that the 2013 Constitution remains “legally effective,” but expressed apprehension about the Court’s qualified stance on the Constitution’s amendment provisions.

The Supreme Court clarified that it does not recognise the amendment provisions in their current form, particularly the requirement for a 75% double super majority to enact changes.

Instead, it proposed a reduced threshold of a two-thirds majority in Parliament combined with a simple majority in a referendum of registered voters who participate.

The Court explicitly rejected the State’s argument that the Constitution could be amended by a simple parliamentary majority, emphasizing the need for a balanced and workable process.

“The lowering of the 75% double super majority requirement is of concern to the minority communities in regards to the protection of their rights as equal citizens,” said Labour Leader Mahendra Chaudhry.

“The Indian community, for instance, feels particularly vulnerable in light of the country’s history of race-based coups and the trampling of their rights,” he added.

“The Coalition government’s unwillingness to spell out the constitutional changes it was contemplating has made them more apprehensive.”

Mr Chaudhry reiterated FLP’s position that constitutional reforms should be approached through inclusive political negotiations.

“It is for this reason that Labour had submitted that constitutional changes should be left to political negotiations with a view to achieving consensus, and stability.”