Review of 2013 Constitution part of the National Development Plan 2025-2029

The review the 2013 Constitution of the Republic of Fiji has been listed in the National Development Plan 2025-2029 as part of the objective to strengthen the regulatory and legal framework and collaboration within law and order agencies.

The Plan says the aim is to review all legislation on all law enforcement agencies to ensure transparency and efficiency, ensure separation and independence of the three arms of Government – the Legislature, Executive and the Judiciary and promote rule of law at regional and international levels and ensure equal access to justice for all.

It also aims to strengthen the capacity and expertise within the Office of the Attorney-General, including its legislative drafting division, the Law Reform Commission and the Fiji Intellectual Property Office, remove unfair discrimination and curtail arbitrary abuse of wide discretionary application of laws, insert safeguards against abuse of discretionary powers and remove provisions that prohibit judicial review of administrative discretionary powers bestowed to Ministers and public officers, review all constitutional procedures and seek amendment to ensure independence of crucial institutions such as the judicial commissions, Fijian Elections Office, the Reserve Bank of Fiji and other fiduciary institutions.

The Plan also states that the government aims to implement the Fiji Protective Security Framework to safeguard institutions, strengthen coordination among security and rehabilitation agencies, ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements, and allocate adequate human resource needs within institutions.

The Plan says the key focus of rule of law and justice is to ensure peace and stability with a focus on transforming capabilities and capacities within Government, to be able to mitigate and respond to evolving and emerging threats and ensuring compatibility with international standards.

One of the challenges within this arena are the outdated laws and legislations which need to be amended or changed to address the changing economic, social and political situation.

Immigration laws and regulations will be reviewed with an improved efficiency of service delivery and strengthened border enforcement and policy frameworks.

The Government has also re-established the Fiji Law Reform Commission to review all the laws applicable and identify areas that need reforms and modernisation.

The Plan states the judiciary includes a variety of different courts and tribunals such as the 4 levels of criminal and civil courts and tribunals.

Some of the challenges are the amount of time taken to issue decisions and the use of paper-based court processes.

The Fiji Court of Appeal remains a part time court, that is, it does not sit all year round despite an increasing backlog of cases.

Alternative dispute resolution options such as private arbitration and mediation, which could relieve pressure on the court system, have been poorly taken up by litigants and lawyers alike.

Deputy Prime Minister and Minister for Finance, Professor Biman Prasad says this Plan intends to be specific in terms of its outcomes.

He says it is for this reason that they are incorporating measurable Key Performance Indicators in the Plan.

Professor Prasad says they are setting clear achievement targets for the 3 and 5 years.

He says in the first 3 years, their focus will be on addressing critical issues that need immediate attention or rather ‘getting the basics right’.

This will include providing clean drinking water, improving roads and drainage, upgrading healthcare facilities, affordable housing and school infrastructure in the locations that are most affected.

Professor Prasad says the focus will also be in areas that can provide impactful quick wins to catalyse economic growth including undertaking regulatory reforms, rationalising processes and eliminating bureaucracy to improve interaction with Government, increase efficiency and remove impediments to private investment.

They will also take measures to mitigate against possible downside risks arising from natural disasters and external shocks.

The Deputy Prime Minister says while this Plan allows them to set out the development priorities and guide public sector resource allocation in the short and medium-term, the implementation of this Plan is not the sole domain of the Government.

He says the successful execution of the Plan will require the commitment and participation of all development stakeholders, in particular the private sector and civil society.

Professor Prasad says the private sector and civil society have an important role to play in all dimensions of development either independently or in partnership with the Government.