2013 Constitution Amendment Bill defeated

The Bill to amend the 2013 Constitution has been defeated in Parliament as the Government did not meet the 75 percent requirement.

40 MPs voted for the amendment, 14 were against it and one Member of Parliament did not vote.

This means the review process will not proceed.

The Government required 41 votes.

The Bill sought to change the requirement for the 75 percent of the Members of Parliament needed to amend the Constitution and to also entirely remove the requirement of a referendum and support of 75 percent of the registered voters under Section 160.

It also sought to amend Section 159(c) relating to repealing, infringing or diminishing the effect of Chapter 11 of the Constitution which is about amendments to the Constitution.

While speaking in his Right of Reply, Prime Minister Sitiveni Rabuka says they have not been unfaithful to the Constitution and they are still working in accordance with the provisions of the Constitution.

Rabuka says they want the amendment to take place so that it reflects a more reasonable way of exercising the will of the people.

The Prime Minister says they are not going against the Constitution, and they were tabling the second reading because that is what it demands.

Opposition MP Jone Usamate believes there is a need to change the Constitution and there are things in it he does not agree to such as there being too much executive authority in some places but amendments must be done in the right way.

He says people want to know what the changes will be.

Usamate says they could have sat and discussed it, agreed what the changes would be and then together gone out and gotten the percentage.

He says he was astounded that they are talking about democracy and want to get rid of a referendum - the purest form of democracy.

The MP says they can get 75 percent vote through true bipartisanship.

Opposition MP Premila Kumar while opposing the motion says the Coalition Government is trying to change the Constitution without the clear mandate of the people and following the Constitution.

She says if this Bill passed, the Government will not even need 4 votes from the Opposition as they have the vote of the Group of 9.

While Kumar was speaking on the Sunday ban during the 1987 coup, Deputy Prime Minister Manoa Kamikamica raised a point of order saying that the words are likely to promote feeling of ill-will and hostility between communities.

Speaker Filimoni Jitoko told Kumar to stick to the Bill.

Kumar says the amendments could allow the Great Council of Chiefs to appoint the President and only the iTaukei be called Fijian.

She was again reminded by the Speaker to desist from making references that will breed ill-will among people.

The MP says she has an issue with the two-third requirement in Parliament but the referendum is the most important component and must not be removed as it is the highest level of democracy and people should decide on the rules that govern them.

Opposition MP, Alvick Maharaj also says they are willing to support the Constitution Amendment Bill if they are told what is supposed to be changed.

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He proposes that the Prime Minister withdraws the Bill and brings a motion whereby the Parliamentary Select Committee will consult with people throughout Fiji and present the report to Parliament.

Maharaj adds that they expect the leaders to get into a discussion in a bipartisan manner, however, some of the Opposition Members are being lured to actually vote in favour of this particular bill in order to gain benefit.

While opposing the Bill, Opposition Member Faiyaz Koya highlighted that nobody says the Constitution can’t be amended, there is a procedure and the Government needs to understand this.

Koya says they want to see the changes in black and white but nothing as such is happening.

He says things can be changed if processes are followed.

Deputy Prime Minister Professor Biman Prasad says their belief is unshakeable and firm that the 2013 Constitution is illegal and totally lacks legitimacy and anyone clinging with their dear life to this Constitution is endorsing lack of legitimacy.

He says the 2013 constitution has the potential to become a diabolical disaster, not only for now, but in the future for our nation and every Fijian, if it is allowed to reign as our supreme law.

While responding to the argument by the Opposition that the MPs have taken oath on the 2013 Constitution, Professor Prasad says so did the people under the 1990 Constitution.

He says both in 1992 and 1994, the National Federation Party participated in the general elections under that unjust racist constitution with the sole objective of changing it within the seven year time frame stipulated in that Constitution.

He says Rabuka worked with the late Justice Jai Ram Reddy as the leader of the NFP and delivered one of the world's most acclaimed Constitutions.

He says the call that came from across the floor was a need for a referendum but he asks was the provision for the referendum decided by the people or by a select few or consultation that the Attorney General has immense powers

Minister for Immigration, Viliame Naupoto while supporting the Bill says the Constitution must be reviewed as it’s a priority, and they must give their blessing for the changes.

Deputy Prime Minister and Minister for Tourism, Viliame Gavoka while supporting the Bill says he agrees that the Constitution can’t be changed.

He says the amendment will ensure voices that were never heard will be heard.

Gavoka says SODELPA believes in fairness, good governance and democracy to ensure people have equal access to opportunity and they want to guarantee that people should not fear about any changes.

Minister for Women, Sashi Kiran while supporting the Bill questioned if there was consultation on the 2013 Constitution or if it was endorsed by a referendum.

Kiran says values such as equal citizenry and secular state will not be affected.

Minister for Defence Pio Tikoduadua says the 2013 Constitution was not born from the will of the people as it was not through a democratic process, a referendum or a parliamentary vote and yet, this same document now demands that any amendment, no matter how necessary, must pass an impossible threshold.

He says this is not democracy but a deliberate design to ensure that change is nearly impossible, that the will of a future generation is bound by the unilateral decision of the past.

Tikoduadua says the Bill does not dictate what constitutional changes will come next and it does not alter fundamental freedoms.

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Minister for Public Works Ro Filipe Tuisawau says there are questions about what the changes in the Constitution will be and there are implications that there is an ulterior motive but this Government is about transparency.

He says this government was not born out of some ulterior motive or conspiracy or military coup as it is an elected government.

Ro Filipe says there is no ulterior motive in terms of what provisions of the Constitution needs to be amended.

He is assuring the Opposition Members that they will be part of the process, and they will go through the amendments in detail.

The Minister adds they will amend it so it is not the Government making amendments and when they go for public consultations, then the amendments will come from the people.