The Social Democratic Liberal Party (SODELPA) has called for the removal of proposed constitutional provisions that would allow the Government to extend Parliament’s term by up to 12 months during a state of emergency.
The party has urged the Special Parliamentary Select Committee and Cabinet to reconsider Sections 201 and 202 of the draft Constitution (Amendment) Bill 2026, warning that the proposed powers could undermine democratic elections and fundamental human rights.
In a statement, SODELPA said Section 201(3) and (4) would allow the President, acting on Cabinet’s advice, to extend the term of the House of Representatives for up to 12 months if a state of emergency was declared when Parliament’s term was due to expire.
The party described the provision as a dangerous loophole that could allow an incumbent government to delay elections.
“Allowing an incumbent Cabinet to extend Parliament’s term by up to a year creates a dangerous legal loophole,” SODELPA said.
“In times of national emergency, the electorate’s democratic right to vote on schedule must be protected, rather than deferred by executive discretion.”
SODELPA said that although it remained committed to changing the 2013 Constitution, the existing constitutional framework did not contain a mechanism allowing the executive to extend Parliament’s four-year term during a state of emergency.
The party wants Sections 201(3) and (4) removed entirely, while retaining the principle under Section 201(2) that general elections must proceed on schedule.
SODELPA has also raised concerns about Section 202, which it says would allow laws enacted during a state of emergency to suspend or limit certain freedoms guaranteed under the Bill of Rights.
These include freedom of speech, expression and publication, freedom of assembly and association, freedom of movement, personal privacy and access to information.
While acknowledging that the draft protects certain fundamental rights, including the right to life, freedom from torture and fair trial rights, the party argued that other essential civil liberties remained vulnerable.
“Broadly authorizing the executive to suspend speech, assembly, and movement creates significant potential for abuse, allowing normal political activities, public scrutiny, or peaceful assembly to be restricted under the guise of emergency regulations.”
SODELPA is demanding that freedom of speech, freedom of assembly and freedom of movement be expressly included among the rights that cannot be suspended during a state of emergency.
The party acknowledged that governments needed emergency powers to respond to natural disasters, public health emergencies and national security threats.
However, it maintained that such powers must not be used to compromise democratic mandates or restrict fundamental freedoms unnecessarily.
SODELPA also called for greater transparency in the constitutional reform process, saying Fijians must be given sufficient information to understand the proposed changes and their implications.
The party urged the Government to proceed cautiously to avoid creating instability through a process that failed to adequately inform the public.
It said it remained committed to assisting Parliament in developing a constitutional framework that balanced effective emergency management with the protection of elections, democratic accountability and human rights.
SODELPA also pledged to continue advocating for citizens to receive the information necessary to make informed decisions about Fiji’s constitutional future.
