What are the proposed changes to the Constitution?

Some people are starting to feel uncertain on what parts of the 2013 Fijian Constitution will be changed and they want an inclusive process as they feel sections like all citizens of Fiji to be called Fijian, Fiji to be a Secular State and there should be no discrimination based on race, gender and sexual orientation, are good provisions and brings equality.

When asked on fijivillage Straight Talk with Vijay Narayan on how inclusivity and equality can be protected, Australian National University's constitutional law expert, Professor Anthony Regan says the 2013 Constitution has a good liberal Bill of Rights, that protects people from discrimination, but the problem is that it can be overridden by an ordinary law of Parliament at any time.

Professor Regan says the whole purpose of framing the Constitution is to ensure that it can't be undercut just by the government of the day.

He says the participatory consultative process is to make sure that the concerns are put on the table and the Constitutional Commission, together with the Parliament or an elected Constituent Assembly, will have to make sure that all groups have a chance for their voices to be heard and then the Constitution is framed.

Professor Regan says there has to be a balance between all the different concerns raised.

When asked about Section 131(2) of the 2013 Constitution which states that it shall be the overall responsibility of the Republic of Fiji Military Forces to ensure at all times the security, defence and wellbeing of Fiji and all Fijians, Professor Regan says the subsection does not give the military a role of being the guardian of the Constitution.

He says the aim of the military as in most countries is to look after the needs of the people by protecting them from outside threats.

Professor Regan says the military is generally not tasked with looking after inside problems except in very narrow circumstances such as in states of emergency.

Professor Regan adds there are serious doubts if the military is equipped to decide when the constitution is under threat.

You can watch the full Straight Talk interview on our website, fijivillage.