PROPOSED constitutional changes could leave key civil liberties vulnerable during a state of emergency, with the Social Democratic Liberal Party (SODELPA) calling for stronger safeguards to protect Fijians’ fundamental rights.
The party is urging the Special Parliamentary Select Committee and Cabinet to tighten Section 202 of the draft Constitution (Amendment) Bill 2026, saying safeguards are needed to prevent the abuse of emergency powers.
Under Section 202(1)(a), laws enacted during a state of emergency may suspend or limit certain freedoms protected under Chapter 2 of the proposed Bill of Rights.
SODELPA said the provisions left key civil liberties exposed, including freedom of expression and publication, assembly and association, movement, personal privacy and access to information.
“Broadly authorising the executive to suspend speech, assembly, and movement creates significant potential for abuse,” the party said in a statement.
It warned that such powers could be used to restrict normal political activities, public scrutiny and peaceful gatherings.
“Emergency clauses must never contain mechanisms that risk undermining democratic mandates or compromising fundamental human rights.”
Although the party acknowledged the need for emergency measures to address natural disasters, health crises and security threats, it said these must not come at the expense of fundamental freedoms.
SODELPA proposed that freedom of speech under Section 20, freedom of assembly under Section 21 and freedom of movement under Section 24 be included in the list of rights that cannot be suspended during an emergency.
“Explicitly entrench Freedom of Speech (Section 20), Freedom of Assembly (Section 21), and Freedom of Movement (Section 24) into the non-derogable list under Section 202(1)(a) during emergency declarations, ensuring civil liberties remain protected.”
The party also called for greater transparency in the constitutional review process, arguing that citizens must receive sufficient information to make informed decisions about their future.
SODELPA said constitutional safeguards were essential to protect civil liberties during times of national crisis.
