A sweeping overhaul of Fiji’s constitutional framework could take effect if the Constitution (Amendment) Bill 2026 clears Parliament and is subsequently endorsed through a referendum, bringing major changes to land rights, Parliament, the Senate, customary law, emergency powers, immunity and the protection of Fiji’s communities and institutions.
The proposed Constitution would introduce a five-year parliamentary term, establish a 23-member Senate, strengthen the constitutional role of the Bose Levu Vakaturaga, recognise iTaukei and Rotuman customary law, and provide enhanced protection for customary land and access rights.
It would also impose tougher thresholds for future constitutional amendments, introduce parliamentary checks on states of emergency and retain broad immunity provisions covering specified political and public officials.
If approved through the required constitutional process and accepted by voters at a referendum, the provisions would become part of Fiji’s new constitutional framework.
Five-year parliamentary term
FIJI’S next Parliament could serve for five years instead of four under a major change proposed in the Constitution (Amendment) Bill 2026.
The Bill, presented by Prime Minister Sitiveni Rabuka for its first reading in Parliament on Wednesday, proposes extending the constitutional term of the House of Representatives by one year.
Under the proposed provision, the House would continue for five years from the date of its first sitting after a general election, unless it is dissolved earlier in accordance with the Constitution.
The change would mark a departure from the 2013 Constitution, which provided for a four-year parliamentary term.
The proposed five-year term would give an elected government an additional year before the next general election, unless an early dissolution occurs under the Constitution.
The provision is contained in Chapter 4 dealing with the House of Representatives and would form part of the proposed constitutional framework if the Bill is ultimately approved through the required amendment process.
Customary land protection strengthened
The proposed 2026 Constitution would strengthen protections over iTaukei, Rotuman and Banaban land, including customary rights over the foreshore, seabed, reefs and riverbeds.
The provisions are contained in the Constitution (Amendment) Bill 2026, presented by Mr Rabuka for its first reading in Parliament on Wednesday.
The Bill stated that customary land and rights cannot be permanently alienated through sale, grant, transfer or exchange, except to the State for a public purpose in accordance with the Constitution.
Crucially, any customary land acquired by the State for a public purpose would have to revert to its customary owners once it is no longer required by the State.
The proposed provisions also expressly protect customary rights of use and access to the foreshore, seabed, reefs and riverbeds, stating these rights are inalienable and would not be extinguished by State acquisition of land.
The definition of land would include the foreshore, seabed, reefs, genetic resources and riverbeds.
The Bill also protects existing freehold ownership, land leases and tenancies.
It stated that freehold land existing before the new Constitution would remain freehold land, unless sold to or acquired by the State for a public purpose.
Parliament and Cabinet would also be required to ensure land leases provide a fair and equitable return to landowners while protecting lessees and tenants through secure, just and reasonable terms.
The proposed Constitution further stated that leases and tenancies cannot be terminated except in accordance with their terms.
New Senate proposed with 23 members
A 23-member Senate would be established under the proposed Constitution, with the majority of its members appointed on the advice of the Bose Levu Vakaturaga (BLV), according to the Constitution (Amendment) Bill 2026.
Mr Rabuka presented the Bill for its first reading in Parliament on Wednesday, setting out the proposed structure, appointment process and powers of the Senate.
Under the proposed provisions, the Senate’s primary purpose would be to review Bills passed by the House of Representatives, along with any other responsibilities assigned to it under the Constitution or written law.
Of the 23 senators, 14 would be appointed by the President on the advice of the BLV, while six would be appointed on the advice of the Prime Minister.
The Leader of the Opposition would nominate two senators, while one would be appointed on the advice of the Rotuma Island Council.
The Bill requires appointments recommended by the Prime Minister and Opposition Leader to reflect Fiji’s diversity, specifically including descendants of Girmitiya and other minority groups.
If the Opposition Leader’s position is vacant, the Prime Minister would assume the role for the purpose of proposing the two appointments.
Senators would have to meet the same eligibility requirements as candidates for the House of Representatives.
The Senate would expire when the House expires or is dissolved earlier, linking its tenure directly to the life of Parliament.
A senator could lose their seat through resignation, death, certain criminal convictions, prolonged unauthorised absence or nomination to contest a parliamentary election.
The proposed Senate would also elect its own President and Vice-President, with removal requiring a two-thirds majority of senators.
BLV given constitutional protection
The Bose Levu Vakaturaga (BLV) would be given a stronger constitutional role and special protection under the proposed Constitution.
The Constitution (Amendment) Bill 2026, presented by Mr Rabuka for its first reading in Parliament on Wednesday, stated that the BLV, established under the iTaukei Affairs Act 1944, would continue to exist.
The proposed Constitution would give the BLV powers and functions provided under the Constitution, as well as additional responsibilities granted by law.
Parliament would be required to legislate on the BLV’s membership and could make provisions covering its funding and operations.
Importantly, the Bill proposes constitutional entrenchment of the BLV’s arrangements.
Any amendment to the BLV chapter or specified constitutional provisions relating to the BLV would require prior approval of at least nine of the 14 senators appointed on the advice of the BLV.
The proposed provision would effectively give those 14 BLV-appointed senators a critical role in protecting constitutional provisions concerning the institution.
The State would also be required, upon a request from the BLV, to provide or facilitate adequate funding for it to perform its constitutional functions, subject to available resources.
The proposal marked a significant constitutional safeguard for the BLV, placing its institutional arrangements beyond ordinary amendment without the specified Senate approval.
MPs get power to kill emergency declaration
The proposed Constitution would place tough parliamentary checks on the Government’s power to declare a state of emergency, including giving Members of the Parliament the power to terminate the declaration.
Under the Constitution (Amendment) Bill 2026, presented by Mr Rabuka for its first reading on Wednesday, Cabinet could declare a state of emergency only on the recommendation of the National Security Council and where there are reasonable grounds to believe Fiji’s security or safety is under threat.
But the declaration would face an immediate test in Parliament.
If the House of Representatives is sitting, the Prime Minister must seek confirmation within 24 hours. If Parliament is not sitting, the Speaker must seek MPs’ confirmation within 48 hours.
A majority vote would keep the emergency in force for one month, with any extension requiring another vote.
If MPs refuse to confirm it, the declaration — and all actions taken under it — would be deemed to have no effect.
The House could also terminate an emergency at any time or amend or disallow regulations made under it.
The Bill provides for emergencies arising after Parliament has been dissolved.
The President would be required to summon the former MPs so they can exercise the House’s emergency powers, although the scheduled general election would still proceed.
In another significant provision, the President could, on Cabinet’s advice, extend Parliament’s term if it expires while an emergency is in force.
Broad immunity shield
A sweeping legal shield covering political leaders, security forces, the Judiciary and public officials for conduct spanning almost two decades is proposed under Fiji’s Constitution (Amendment) Bill 2026.
Mr Rabuka presented the Bill for its first reading in Parliament on Wednesday, with the proposed immunity provisions covering conduct from December 5, 2006, until the first sitting of the first Parliament elected under the new Constitution.
The Bill proposes continuing immunity granted under the 1990 Constitution and preserving protections under the Limitation of Liability for Prescribed Political Events Act 2010.
It then goes further by granting “absolute and unconditional immunity” from criminal prosecution, civil liability and legal, military, disciplinary or professional proceedings to the President, Prime Minister and Cabinet Ministers, military, police, corrections officers, Judiciary, public servants and other public office holders for their direct or indirect involvement in Government during the specified period.
However, the shield would not cover offences listed under specified sections of the Crimes Act 2009.
The most far-reaching provision states that the immunity chapter cannot be amended, repealed, revoked or altered.
Courts and tribunals would also be barred from hearing challenges to the immunity provisions.
The Bill further stated that the State would not be required to compensate people for injury, property damage or loss resulting from conduct protected by the immunity.
Constitution changes face tougher voting thresholds
Any future amendment to Fiji’s proposed Constitution would face strict voting thresholds, mandatory debate and lengthy parliamentary scrutiny under the Constitution (Amendment) Bill 2026.
Mr Rabuka presented the Bill for its first reading in Parliament on Wednesday, outlining a two-House process for changing the Constitution.
A constitutional amendment Bill would have to pass three readings in both Houses of Parliament, with at least a two-thirds majority in each House required at the second and third readings.
For entrenched provisions, the threshold would rise to three-quarters of the members of each House.
There must also be at least 30 days between the second and third readings, with full opportunity for debate, and the relevant committee must report on the Bill before the final reading.
The Bill identifies the immunity provisions covering political and state actors as entrenched, meaning they would face the higher three-quarters threshold.
It also creates special veto powers for certain groups.
Changes affecting specified constitutional provisions concerning the Bose Levu Vakaturaga (BLV) would require the support of at least nine of the 14 BLV-appointed senators at the Senate’s third reading.
Provisions relating specifically to Rotuma and Rotumans could not even be introduced without prior approval from two-thirds of the Rotuma Island Council.
The proposed framework would therefore make several constitutional provisions significantly harder to change.
Group rights and customary law given constitutional recognition
The proposed new Constitution would strengthen recognition of indigenous rights while formally protecting the languages, cultures and heritage of all communities.
The provisions are contained in the Constitution (Amendment) Bill 2026, presented by Mr for its first reading in Parliament on Wednesday.
The Bill states that the rights of all individuals, communities and groups must be fully respected, with all citizens entitled to equal rights, including the right to make Fiji their permanent home.
It also declares iTaukei and Rotuman as indigenous languages and requires State bodies to respect, protect and promote their use, while recognising and respecting all other languages spoken in Fiji.
A major provision formally recognises iTaukei and Rotuman customary law as a source of law, subject to the Constitution and written legislation.
This includes customary land, management of natural and genetic resources, customary fishing rights and the right of iTaukei and Rotuman people to governance through their separate administrative systems.
Parliament would be required to make laws providing for the application of customary law, taking into account the customs, traditions, values and aspirations of the two communities.
At the same time, the Bill recognises the contribution of all communities to Fiji’s unity, harmony and wellbeing, including their languages, arts, customs, festivals and histories.
The State would be required to develop policies, programs and laws to protect cultural heritage, historical and spiritual sites and cultural artefacts.
