Civil society organisations warn new Constitution could put election at risk

Civil society organisations warn new Constitution could put election at risk
Key civil society organisations have expressed grave concern over the reported plan to bring a new Constitution into force by 24th December this year, only weeks before Fiji’s next general election must be held within the current constitutional timeframe.

The organisations include the Centre for Democracy and Dialogue, Fiji Women’s Rights Movement, Fiji Council of Social Services, femLINK Pacific, Social Empowerment Education Programme and the Pacific Centre for Peacebuilding.

In a joint statement, the organisations say they view the proposed timeline as dangerous, unnecessary and constitutionally reckless.

They say if the process results in the next election being delayed, the life of the current Parliament being extended, or the Executive governing beyond the life of an elected legislature, it would amount, in substance, to an “autogolpe” or self-coup.

They described a self-coup as a situation where a government uses legal, parliamentary or institutional mechanisms to entrench itself in power, weaken democratic limits, or continue governing without a mandate from the people.

They say Fiji must not take that path.

The organisations say the democratic authority of Parliament is not indefinite, as it is derived from the people through a general election and is limited by time.

They say as that mandate approaches its expiry, the constitutional priority must be clear: the people must be allowed to elect a new Parliament within the required timeframe.

They say they are deeply concerned that bringing a new Constitution into force at the end of December 2026 could make the timely conduct of the next general election legally and administratively difficult, particularly if the proposed Constitution changes the electoral system, electoral laws, nomination requirements, political party rules, constituency arrangements or the machinery for conducting elections.

They added that no Government has the moral, legal or democratic authority to use constitutional reform to create uncertainty around an election that is constitutionally due.

The organisations stressed that constitutional reform cannot be used to defeat democracy itself.

They highlighted that Fiji has endured periods of unconstitutional and undemocratic rule and has spent the past 12 years rebuilding democratic government.

They say the peaceful transfer of power following the 2022 general election was a historic achievement and an important democratic milestone in Fiji’s modern history, demonstrating that political power can change through the ballot box.

They added that it would therefore be unthinkable for Fiji to be pushed back towards undemocratic rule through a rushed constitutional timetable for which, they argue, there is no constitutional necessity, legal urgency or democratic justification.

The organisations say they are not opposed to constitutional review, and that the people of Fiji have the right to debate constitutional reform through a process that is open, inclusive, transparent and genuinely democratic.

They stressed that no constitutional process can be legitimate if it places the next general election at risk.

The civil society organisations are calling on the Government to immediately and publicly guarantee that the next general election will be held within the constitutionally required timeframe, the constitutional review process will not delay the next general election, the life of the current Parliament will not be extended, directly or indirectly, no constitutional or electoral-system change will take effect before the next general election unless the Electoral Commission and the Supervisor of Elections publicly certify that the election can still be conducted lawfully, credibly and on time, if any major change to the electoral system is proposed, it must include a clear transitional provision stating that the next general election will proceed under the existing electoral framework, and the people of Fiji will be given adequate time, clear information and a meaningful opportunity to consider any proposed Constitution before any referendum is held.

The organisations are also calling on Members of Parliament, across party lines, to reject any constitutional timetable that risks taking Fiji beyond the democratic life of the current Parliament.

They say no MP should support any process that creates even the possibility of delayed elections or rule without a current mandate.

They are also calling on Fiji’s development partners, regional institutions and diplomatic missions to closely monitor the process and make clear that the timely conduct of Fiji’s next general election is a non-negotiable democratic requirement.

They say Fiji’s Constitution belongs to the people and must not be rewritten in a manner that compromises the people’s right to choose their government within the constitutionally established timeframe.

Meanwhile, based on the legal timetable, the last date for the Writ of Elections to be issued is December 24th 2026 and the last date to have the next general elections is February 6th 2027.

Cabinet has endorsed the tabling of the Constitution Review Commission’s Report in Parliament and supported a request for a special sitting of Parliament next Tuesday.

Cabinet says it's decision to table the report does not constitute acceptance or adoption of all the Commission’s recommendations.

The Cabinet Subcommittee on the Review of the Constitution will continue its detailed consideration of the recommendations, including their practical, legal and policy implications, and will report back to Cabinet on the way forward.

This will include consideration of any transitional arrangements that may be required.

The proposed process provides for the Commission’s Report to be debated in Parliament during its sitting from 28th September 2026.

The Supreme Court has already advised that the 2013 Fijian Constitution can be amended by the support of two thirds of Members of Parliament and a majority of those registered voters who vote for the change in a referendum after the parliamentary vote.

The National Referendum Bill is yet to be passed by Parliament.

Fiji has never had a referendum, and the Fijian Elections Office will need the Referendum Bill passed to move towards holding a referendum with the relevant questions to the voters if two thirds of MPs vote for the Constitution Amendment Bill. 

Stay with us for developments. 


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