The Centre for Democracy and Dialogue says the proposed timeline to bring a new Constitution into force by 24th December raises serious constitutional, legal and democratic concerns.
This comes as the coalition government is proposing to have a referendum between November and mid-December this year, after the processes on changes to the 2013 Constitution are completed based on the requirements.
Cabinet says if approved through the required processes, the new Constitution is proposed to come into effect by 24th December 2026.
Centre Chief Executive Officer Nilesh Lal says the timeline would, in effect, take the country into a period of undemocratic rule without there being any necessity for it.
He says the democratic authority of Parliament is time-bound and it is derived from the mandate given by voters at a general election and expires after a defined period, 4 years in the case of the current Parliament.
Lal says if a new Constitution is brought into force at the end of December this year, and if it changes the electoral system, electoral procedures, nomination rules, party requirements, constituency arrangements, or other legal conditions for the conduct of elections, it may become legally and administratively impossible to hold a general election within the required period following the dissolution of Parliament.
The Centre CEO says any such outcome would be constitutionally unacceptable.
He says if constitutional reform is used to delay the next election, extend Parliament, or allow the Executive to govern beyond the life of an elected Parliament, it would amount in substance to an autogolpe, or self-coup.
Lal stresses no constitutional reform process should have the effect, whether intended or
unintended, of extending the authority of Parliament or the Executive beyond the life of their democratic mandate.
The Centre says the danger is especially serious because Fiji’s next general election must be held within the timeframe prescribed by law, and any constitutional change that disrupts that timetable would strike at the foundation of representative government.
Lal says a Constitution cannot be used to defeat democracy and constitutional reform must not create a legal vacuum, an electoral impossibility, or a situation in which the country is governed after the expiry of Parliament’s democratic authority.
He stresses it is unthinkable for Fiji to return to undemocratic rule after 12 years of constitutional government, three general elections, and the country’s first enduring peaceful transfer of power at the ballot box after the 2022 General Election.
Lal says Fiji has already paid a heavy price for unconstitutional and extra-democratic rule.
He highlights that the peaceful transfer of power in 2022 was a historic democratic milestone as it confirmed that political authority in Fiji can change through the ballot box.
He says that achievement must not be imperilled by a rushed constitutional timetable and not
holding elections.
The Centre says the proposed 24th December commencement date must be assessed against its impact on the next general election.
The central legal question, according to the Centre, is whether the process will preserve the people’s right to elect a new Parliament on time, or place that right at risk.
The are calling on the Government to give an unequivocal public guarantee that the next general election will be held within the legally required timeframe, regardless of the constitutional review process.
They say the public must be assured that constitutional reform will not be used, or allowed in effect, to delay elections, extend parliamentary authority, or place Fiji under a government without a democratic mandate.
The Centre says constitutional legitimacy requires more than the formal passage of amendments through Parliament and a referendum.
They say a constitutional process must also satisfy the deeper democratic requirements of transparency, adequate public deliberation, informed consent, and respect for the electoral mandate of the people.
The Centre adds that a rushed process that creates uncertainty over the next election is a grave threat to democratic continuity and the rule of law.
