Dialogue Fiji opposes removal of 75% referendum requirement in 2013 Constitution

Dialogue Fiji has voiced its concern over the Government’s proposed reforms to the amendment provisions of the 2013 Constitution, particularly the removal of the existing referendum requirement for constitutional changes.

Executive Director of Dialogue Fiji Nilesh Lal says this proposal fundamentally undermines the principle of public participation in constitutional reform.

Lal says it risks eroding the safeguards that protect the rights and interests of all Fijians, especially minority communities.

He says reforming the law should mean improving it, rather than making regressive changes that weaken our democratic principles.

He adds a referendum is more democratic.

Dialogue Fiji acknowledges the Attorney-General’s frustration with the current amendment provisions—considered by some to be overly rigid — given the requirement for a 75 percent parliamentary majority and a 75 percent popular vote among registered voters.

However, he says the notion that such thresholds are unachievable remains unproven unless they are put to the test.

Lal says experiences in other jurisdictions demonstrate that if there is a genuine bipartisan approach and strong public agreement on the need for constitutional changes, securing approval through referendums is possible, regardless of the thresholds.

He further says true legitimacy can only be achieved through the hard work of building trust and forging consensus among the public.

He adds when it comes to constitutional reforms, there is no shortcut.

The Executive Director says Constitutions are not ordinary laws that can be amended at the convenience of any sitting government as they represent social contracts requiring the trust and consent of the people.

Lal says further complicating the issue is the current composition of Parliament, where the opposition no longer adequately represents the will and interests of the 43 percent of voters who voted for the deregistered FijiFirst party.

He says this raises serious doubts about whether Parliament, as currently constituted, accurately reflects the will of the electorate.

He adds Parliamentary approval, in the current circumstances, unfortunately, has questionable legitimacy.

Lal says minority communities, who have historically relied on constitutional protections, may be especially vulnerable under these proposed changes.

He says without a referendum, there is no formal mechanism to ensure that amendments represent the collective voice of all Fijians, including those with limited or no direct representation in government.

Dialogue Fiji also urges caution regarding the Constitution Amendment Bill 2025’s proposal to reduce the parliamentary threshold from three-quarters to two-thirds.

Lal says while a lower threshold might make constitutional amendments more feasible, it must not weaken the broad consensus essential for significant changes to Fiji’s constitution.

He says one possible compromise is a variable threshold: major reforms involving core rights or foundational principles could still require the higher threshold, while less sweeping amendments might be adopted with two-thirds support.

He further says this tiered approach would preserve the Constitution’s integrity while allowing for necessary evolution.

Dialogue Fiji strongly encourages the government to reconsider its position and uphold the principle of inclusive governance.

Lal says any constitutional amendment must be enacted through a transparent, consultative process that reflects the people’s will.

He further says a referendum provides public scrutiny and democratic legitimacy—vital components for preserving social cohesion and stability.

He adds that the constitutional amendment process hinges on trust: trust in the system, trust among political parties, trust across the ethnic and political divide, and trust between the government and the governed.

The Executive Director says in a period where Parliament may not fully represent Fiji’s diverse voices, ensuring the highest levels of transparency, inclusivity, and deliberation through public input is essential.