2026 Constitution Amendment Bill Tabled in Parliament

The Constitution Amendment Bill proposes the establishment of a 23-member Senate, which will be responsible for reviewing Bills passed by the House of Representatives.

The Fiji Independent Commission Against Corruption will no longer exist if the Constitution Amendment Bill is passed.

FICAC is not included in the proposed Constitution tabled by Prime Minister, Sitiveni Rabuka.

The repeal of the FICAC 2007 is also stated in the Bill.

The Constitution Amendment Bill will be debated on Friday and the third reading of the Bill is expected to take place in 30 days.

The Constitution Amendment Bill tabled in Parliament proposes every person has the right to freedom of speech, expression, thought, opinion and publication under Section 20.

This include freedom to seek, receive and impart information, knowledge and ideas, freedom of the press, including print, electronic and other media, freedom of imagination and creativity and academic freedom and freedom of scientific research.

The Bill says freedom of speech, expression, thought, opinion and publication does not protect— propaganda for war, incitement to violence or insurrection against this Constitution; or 24 Constitution (Amendment) of 2026  advocacy of hatred that is based on any prohibited ground of discrimination listed or prescribed under section 29 and  constitutes incitement to cause harm.

It stresses that a law may limit, or may authorise the limitation of the rights and freedoms in the interests of national security, public safety, public order, public morality, public health or the orderly conduct of elections, the protection or maintenance of the reputation, privacy, dignity, rights or freedoms of other persons, including the right to be free from hate speech, whether directed against individuals or groups and the rights of persons injured by inaccurate or offensive media reports to have a correction published on reasonable conditions established by law, preventing the disclosure, as appropriate, of information received in confidence, preventing attacks on the dignity of individuals, groups of individuals or respected offices or institutions in a manner likely to promote ill will between ethnic or religious groups or the oppression of, or discrimination against, any person or group of persons,  maintaining the authority and independence of the courts; imposing reasonable restrictions on the holders of public offices in order to secure their impartial and confidential service, and regulating the technical administration of telecommunications.

The Bill states that in this section, “hate speech” means an expression in whatever form that encourages, or has the effect of encouraging discrimination on a ground listed or prescribed under section 29.

Meanwhile, the Bill states every person has the right of access to information held by any public office.

The Bill says every person has the right to the correction or deletion of untrue or misleading information that affects that person.

It states to the extent that is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection and may regulate the procedure under which information held by a public office may be made available.

The Centre for Democracy and Dialogue says its preliminary analysis of the Fiji Government's Constitution Amendment Bill shows significant changes from the Constitution Review Commission’s draft, including the removal or weakening of several democratic and accountability safeguards.

Centre for Democracy and Dialogue Chief Executive Officer Nilesh Lal says while the Constitution Amendment Bill retains some of the broad structure of the Constitution Review Commission's Draft Bill, it does not meaningfully address what the Centre for Democracy and Dialogue considers the excessive concentration of power in the Executive under the 2013 Constitution.

Lal says the Government's Constitution Amendment Bill removes the proposed limit on the Prime Minister’s tenure and the limit on the size of Cabinet as proposed by the Review Commission.

The CRC Amendment Bill proposed that Cabinet consist of the Prime Minister and up to 14 Ministers and that a person could not serve as Prime Minister more than twice.

However, under Section 110 of the Constitution Amendment Bill, the Prime Minister would determine the number of Ministers.

Lal says another significant change concerns the Constitutional Offices Commission.

He says the CRC Amendment Bill proposed a five-member COC appointed through an independent appointments committee, while the Government draft makes the serving Prime Minister the chair of the commission alongside the Attorney-General.

Lal says the Government would also have influence over the appointment of two further members, which he says would give it a four-to-two majority over the Opposition.

They say the COC is responsible for appointments to several key constitutional offices, including the Electoral Commission, Supervisor of Elections, Public Service Commission, Police Commissioner, Corrections Commissioner, RFMF Commander, Auditor-General, Reserve Bank Governor and Ombudsman.

The Centre also says provisions proposed by the CRC on political parties, political finance and campaigning have been removed from the Government draft.

The CRC Amendment Bill included constitutional provisions covering political party conduct, donations, disclosure requirements and access to State-owned media.

Lal says leaving these matters to ordinary law could allow future parliamentary majorities to change the rules.

The Centre says the Bill of Rights in the Constitution Amendment Bill generally provides stronger protections than the current Constitution but has raised concern over Section 40, which expressly permits lawful and moderate chastisement of children for correction.

Lal describes this as a regression from both the CRC draft and the 2013 Constitution.

Centre says other reforms proposed by the CRC that have been removed include stronger measures for women’s representation, a National Planning Commission, a National Infrastructure Council, a constitutionally mandated Opposition chair of the Public Accounts Committee, an independent Constitution Implementation Commission and a pluralistic Presidential Appointment Commission.

Lal says these changes raise questions about how the Constitution Amendment Bill was prepared and why it differs significantly from the CRC Amendment Bill submitted on 31st August.

He is questioning who wrote the Government's Constitution Amendment Bill, what was the basis for the changes from the CRC Amendment Bill and how the substantially different constitutional text was produced within a short period.

The Centre says its assessment is preliminary and argues that the changes substantially dilute safeguards proposed by the CRC against the concentration and abuse of State power.

Opposition Leader, Inia Seruiratu says any new constitutional framework must serve Fiji fairly and democratically for generations and should not be shaped around the interests of the government, opposition or institutions of today.

During the second reading of the Bill, the Opposition Leader did not state whether he supports or does not support the Constitution Amendment Bill.

Seruiratu says constitutional reviews provide an opportunity to change the direction of the country, but there must be a clear understanding of why change is necessary, what needs to change and the implications and benefits of those changes.

He says the process must be guided by good governance, including public participation, consensus, inclusivity, accountability and transparency.

Seruiratu stresses that the Bill is not an ordinary piece of legislation, as it proposes to repeal provisions of the 2013 Constitution, with the exception of Chapter 10, and replace them with a new constitutional framework contained in the schedule to the Bill.

He says this places an enormous responsibility on Parliament.

Seruiratu says governments come and go, Prime Ministers and Opposition Leaders change, political parties rise and fall, and every Member of Parliament will eventually leave public office, but a constitution is intended to endure beyond the political circumstances of the day.

He says Parliament must therefore consider whether the proposed constitutional system will serve Fiji fairly and democratically for generations to come.

The Opposition Leader also says constitutional legitimacy cannot simply be measured by whether consultations were held or submissions received.

He says there is an important distinction between consultation and genuine public ownership, and the key question is whether the final document sufficiently reflects the aspirations, concerns and expectations of the wider population.

Seruiratu says constitutional recognition must also go beyond words in a preamble, with institutions established under the Constitution giving every community confidence that they have a place, a voice and an equal stake in Fiji’s future.

He says constitutional reform should never become a contest where recognition of one community is perceived as coming at the expense of another.

Seruiratu also stressed the importance of retaining a common national identity.

He says the strength of a constitution cannot be measured only by the promises contained in its text, but also by whether the institutions it establishes are capable of upholding those promises when they come under pressure.

Debate on the Constitution Amendment Bill continues.

The Constitution Amendment Bill 2026 has passed its second reading in Parliament after the Government secured the required 35 votes.

A total of 38 MPs voted in favour of the Bill, five voted against it, nine abstained and one did not vote.

The Bill will now proceed to its third reading.

A Joint Parliamentary Select Committee led by Prime Minister Rabuka, and Deputy Prime Minister Viliame Gavoka, National Federation Party Leader and MP Professor Biman Prasad, Acting Attorney General Siromi Turaga, Minister for Lands Filimoni Vosarogo, Minister for Information Lynda Tabuya, Minister for Rural and Maritime Development Mosese Bulitavu, Leader of the Opposition Inia Seruiratu and 3 members of the Opposition nominated by the Opposition Leader will have consultations with the people of Fiji over the next 30 days.

The Special Committee will report back to Parliament on 2nd November.

Rabuka says what Parliament discussed today is not just a Bill, but a framework by which people will live, work, raise their families, practise their faith, protect their communities and determine the future of the country.

He says the Constitution must serve the people and respond to the realities they face today and in the future.

Meanwhile, a total of 12 speakers from both the Government and the Opposition spoke on the Bill during the debate.

Opposition Leader, Inia Seruiratu says any new constitutional framework must serve Fiji fairly and democratically for generations and should not be shaped around the interests of the government, opposition or institutions of today.

Seruiratu says constitutional reviews provide an opportunity to change the direction of the country, but there must be a clear understanding of why change is necessary, what needs to change and the implications and benefits of those changes.

He says the process must be guided by good governance, including public participation, consensus, inclusivity, accountability and transparency.

Seruiratu stresses that the Bill is not an ordinary piece of legislation, as it proposes to repeal provisions of the 2013 Constitution, with the exception of Chapter 10, and replace them with a new constitutional framework contained in the schedule to the Bill.

He says this places an enormous responsibility on Parliament.

Seruiratu says governments come and go, Prime Ministers and Opposition Leaders change, political parties rise and fall, and every Member of Parliament will eventually leave public office, but a constitution is intended to endure beyond the political circumstances of the day.

He says Parliament must therefore consider whether the proposed constitutional system will serve Fiji fairly and democratically for generations to come.

The Opposition Leader also says constitutional legitimacy cannot simply be measured by whether consultations were held or submissions received.

He says there is an important distinction between consultation and genuine public ownership, and the key question is whether the final document sufficiently reflects the aspirations, concerns and expectations of the wider population.

Seruiratu says constitutional recognition must also go beyond words in a preamble, with institutions established under the Constitution giving every community confidence that they have a place, a voice and an equal stake in Fiji's future.

He says constitutional reform should never become a contest where recognition of one community is perceived as coming at the expense of another.

Seruiratu also stressed the importance of retaining a common national identity.

He says the strength of a constitution cannot be measured only by the promises contained in its text, but also by whether the institutions it establishes are capable of upholding those promises when they come under pressure.

Acting Attorney-General Siromi Turaga says amending the 2013 Constitution would bring Fiji's constitutional framework more closely in line with international human rights standards and reflect the belief that human dignity, equality and justice are rights that must be respected and protected.

Opposition MP Ketan Lal says the Constitution is not an ordinary piece of legislation and therefore any changes to it must be guided by fundamental principles.

Lal says questions must be asked about whether the proposed changes protect citizens and hold the government accountable.

The Opposition MP says constitutional reform should pass the democratic test and any change must be justified.

He says changes to the Constitution should not be made to suit the government or because it does not like the Opposition.

Speaker of Parliament Filimone Jitoko reminded Lal that the second reading debate should focus on the principles and merits of the Bill, rather than general criticism.

Lal concluded by saying he does not support the Constitution Amendment Bill.

Opposition MP Faiyaz Koya says any constitutional reform must strengthen democracy, protect equal citizenship and ensure those exercising political power remain accountable.

Koya questioned whether the consultation process had been broad enough, and said that people must be given enough time to obtain and read the Bill and understand the proposed changes.

He says constitutional reform should be judged by whether the change is necessary, strengthens democracy, restrains power, protects equality and gives people greater confidence and control over those who govern.

He says the ultimate test comes down to three questions, which is where does the power sit, who exercises it, and who holds that person or institution accountable?

Koya concluded by saying that he does not support the Constitution Amendment Bill.

During his contribution, Deputy Prime Minister Manoa Kamikamica raised a point of order, saying Koya had made very little mention of the merits or demerits of the Bill and was instead discussing issues such as the timing of the process.

The Speaker also reminded Koya that criticism could be raised during the third reading and that the second reading was largely procedural in nature.

Fiji Labour Party Leader Mahendra Chaudhry says Prime Minister Sitiveni Rabuka is acting unlawfully and unconstitutionally by announcing a date for a national referendum on the Constitution Amendment Bill before the Bill has completed its parliamentary process.

Chaudhry says the Supreme Court opinion has made it clear that the 2013 Constitution remains effective and is the supreme law of the land.

He says the Constitution Amendment Bill has not yet gone through its third reading, which he says is mandatory before a referendum date can be set.

Chaudhry says the Prime Minister cannot act on the assumption that the Bill will pass its third reading.

He also says the Prime Minister does not have the right to direct the Electoral Commission to suspend all general election campaign activities.

Chaudhry says the independence of electoral institutions must be respected.

Chaudhry says this is a bid by the Prime Minister to remain in power despite his undertaking in Parliament that the elections would be held under the 2013 Constitution.

The third reading and vote on the Constitution Amendment Bill will take place in parliament on November 2nd after consultations by the Joint Parliamentary Select Committee chaired by Prime Minister Rabuka.

If 66 percent of MPs vote in favour of the Bill, then a national referendum will be held on 9th December and the result of that referendum is expected to be out by 14th December this year.

Student Association representatives from the University of the South Pacific and the University of Fiji have raised concerns over the proposed Constitutional Amendment Bill that has a section on moderate chastisement of children for the purposes of correction.

They say while parents and teachers have a responsibility to guide children and maintain discipline, any form of physical punishment must be carefully considered because of its possible effects on children's confidence, learning and well-being.

University of the South Pacific Students Association President Adi Cama says the proposed amendment needs to be considered carefully, particularly the meaning and application of the term “moderate chastisement”.

Cama says parents and teachers have a responsibility to guide and correct children, but discipline should respect the dignity, safety and wellbeing of the child.

USPSA says if the amendment becomes law, there should be clear definitions, safeguards and proper guidance for parents and teachers.

The University of Fiji Students Association President Rodney Vakaloloma also says he does not support physical violence against children as a form of correction or discipline.

Vakaloloma says the student perspective should also be considered through documents such as the Law 205 Constitution and the Constitution draft prepared by students.

He has advised people to refer to the student Constitution draft, which raises and reflects the views of students on constitutional matters.

Meanwhile a medical student who wishes to remain anonymous says that he does not support physical punishment, saying there are other measures that can be used to maintain discipline among children.

The student also raised concerns about the possible impact of physical punishment on students' schoolwork, confidence and participation in the classroom.

He says children could become afraid to ask questions or speak openly in the classroom if they fear being physically punished.

The students associations' representatives say the views of students and young people should be considered as discussions continue on the proposed constitution amendments.