MPs debate proposed changes in Constitution Amendment Bill

MPs debate proposed changes in Constitution Amendment Bill
[Image: Parliament of Fiji]

Amending the 2013 Constitution Bill brings Fiji's framework more closely into line with international human rights standards and reflects a belief that human dignity, equality and justice are not privileges to be granted, but rights to be respected and protected.

Acting Attorney General, Siromi Turaga while speaking on the Constitution Amendment Bill, says the protection of fundamental rights is at the heart of this Bill.

He says the Bill proposes to remove the Fiji Independent Commission Against Corruption of Fiji.

The Acting AG says the Bill restores the arrangement by returning investigations to the police and the prosecution to the Director of Public Prosecutions.

Turaga says the retirement age should apply to all judges, regardless of their citizenship status.

He says the Bill removes the disparity whereby local judges must retire at 70 years.

Turaga says it provides a strong safeguard for every citizen, unlike the 2013 Constitution.


Deputy Prime Minister and Minister for Trade Manoa Kamikamica says the proposed Constitution Amendment Bill represents more than constitutional reform and could help lay a stronger foundation for Fiji’s economic growth, investor confidence and business development.

While speaking in support of the Bill in Parliament, Kamikamica says the Bill aims to unify the people of Fiji and address issues including common identity, equal citizenry, religious freedom, security of land tenure and the Bill of Rights.

He says the Government will go to elections before February 2027 as required under the 2013 Constitution, and rejected claims that elections could be delayed.

The Deputy Prime Minister says if the Bill passes today’s vote, it will be taken around the country for 30 days to allow people to give their views before returning to Parliament for another vote and, if it passes the required parliamentary vote, it will be put to the people of Fiji in a referendum.


Deputy Prime Minister Viliame Gavoka says people should know who represents their community in Parliament and who they can turn to when they have concerns about roads, schools and other essential services.

Gavoka says the proposed return of constituency-based representation would create a more direct connection between communities and their elected representatives, giving people an identifiable MP who understands the issues affecting their community.

The proposed changes would also establish five specific maritime constituencies for Rotuma, Yasawa, Kadavu, Lomaiviti and Lau.

Former Deputy Prime Minister Professor Biman Prasad stressed that the National Federation Party supports taking the draft through a genuine process of parliamentary scrutiny, negotiation and consultation. However, he made clear that this support does not mean the NFP accepts every provision in the draft.

He says the committee must listen to concerns from all communities, particularly people who may feel anxious or uncertain about constitutional change.

He urged citizens to ask questions, disagree with proposals where necessary, and tell their elected representatives what they believe should be changed.

He also appealed to both government and opposition MPs to participate constructively in the committee process.


Opposition MP Jone Usamate says the amended Constitution should address issues such as democracy and unity and must never embed principles that lead to divisiveness.

Usamate says the Constitution is the most important law, and the mother of all laws of the country.

He says the tenor of the Constitution becomes the tenor of the nation, with all the good and bad that it brings.

Speaking about the idea of democracy and what it means, the Opposition MP says democracy is where people take the lead by giving ideas and leaders listen.

Usamate asks how well the Constitution manages the nexus between individual rights, liberal democracy and traditional power structures, such as the iTaukei structures of Tokatoka, Mataqali, Yavusa and Vanua.

He says there is a need to maintain and preserve traditional structures while at the same time seeing Fiji as a democracy where democratic rights and individual rights are cherished and protected under the Bill of Rights.

Usamate says another issue that needs to be reflected in the Constitution is the idea of unity.

Opposition MP Premila Kumar has raised concerns over proposed changes to Fiji’s Constitution, saying any new constitutional framework must protect equal citizenship, religious neutrality, children’s rights and the people’s role in determining future constitutional changes.

Kumar raised concerns about the proposed Constitution introducing Christianity and family values as part of the foundational values of the State and provisions allowing the proposed Constitution to come into effect earlier than the stated date of 31st March 2028 through a notice by the President in the Gazette.

She has questioned a provision that permits lawful and moderate chastisement for the correction of children, the proposed return of a 23-member Senate and the constitutional role proposed for the Bose Levu Vakaturaga. 

She also questioned the removal of the requirement for a national referendum for future constitutional amendments.

However, she did not state whether she supports the Bill or not, but stressed that democratic renewal should mean more participation, transparency, accountability and stronger safeguards against the concentration of power.

Meanwhile, Opposition MP Praveen Bala says they have reservations about certain clauses in the Bill that require further discussion.

Bala says the Government should provide a side-by-side comparison of the Constitution Review Commission's draft and the Bill currently before Parliament, including the reasons for each change.

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