Unity Fiji is calling for Fiji’s 2013 Constitution to be replaced with a new Constitution, saying the current charter was imposed on the people without their consent and no longer reflects the will of Fijians.
This was highlighted by Unity Fiji Party leader Savenaca Narube during his submission to the Constitutional Review Commission, saying the country has a rare opportunity to build a Constitution that is fair, inclusive and trusted by the people.
Narube proposes that the Commission use the draft Constitution prepared by Yash Ghai in 2012 as the starting point, arguing that it was developed through extensive public consultation before being discarded and burned.
He says the new Constitution should restore public trust by addressing issues relating to indigenous rights, religion and human rights.
Among the key proposals, Narube calls for fresh public consultation on the use of the common name Fijian, saying the issue should be resolved through dialogue with all communities, particularly the iTaukei people.
He also proposes including a carefully worded preamble recognising Christianity as Fiji’s first religion and its historical contribution to the country’s development.
Narube calls for the removal of what he describes as clawback clauses in the Bill of Rights that allow laws to limit fundamental rights.
He says the Constitution should focus on broad principles rather than administrative details, arguing that matters such as the management of the civil service should be left to ordinary legislation.
Insert: Narube on independent institutions 6th July
Narube renews his party’s call for a complete overhaul of Fiji’s electoral system, claiming the current system is unfair to smaller parties and independent candidates.
He also proposes allowing dual citizens to contest elections, provided they have lived in Fiji for a specified period before nomination.
On land and natural resources, Narube says ownership of minerals beneath land and water should rest with landowners, who would then pay a resource tax to the Government.
He also calls for a review of land laws to ensure landowners receive fair returns for the use of their resources.
Narube further proposes changes to electoral laws to clarify the status of MPs whose political parties are deregistered, saying the Constitution and the Electoral Act should be aligned to avoid legal uncertainty. He also questioned the status of the Electoral Reform Commission’s report, saying its recommendations remain unclear.
Narube also calls for the removal of immunity provisions in the Constitution, saying there should be one law for all and that those who break the law must be held accountable.
He says he welcomes indications that military immunity provisions could be reviewed, adding that constitutional protection for unlawful actions should not exist further propose that the military’s role should be limited strictly to national defence and security, and not extend into governance or political affairs.
Meanwhile, the Chair of the Constitution Review Commission Sevuloni Valenitabua says the Commission does not have the mandate to replace the 2013 Constitution, as the Supreme Court of Fiji has already ruled that it is valid and binding on the people of Fiji stressing the court also confirmed that the 1997 Constitution can no longer be reinstated.
He says the Commission’s role is to amend the 2013 Constitution in line with the Supreme Court’s guidance. However, he notes that amendments could be extensive, including removing, adding or rewriting provisions throughout the Constitution.
Commission member John Fatiaki says the term amend in the 2013 Constitution is defined broadly and includes repealing, replacing, revising or altering any provision of the Constitution.
Fatiaki says that while the Commission cannot legally remove the 2013 Constitution following the Supreme Court’s ruling, it has the authority to make extensive changes from the first to the last provision, adding that this could even include renaming the Constitution. He assures Narube that the Commission has significant scope to implement substantial reforms through the amendment process.
Commission member Ami Kohli raises concerns about proposals to expand Cabinet appointments beyond Parliament, noting that under the current Constitution, ministers are generally drawn from elected MPs, with limited exceptions such as the Attorney-General.
Kohli asks how wider appointment of ministers from outside Parliament would align with democratic principles of representative government and whether such appointees should have voting rights in Parliament.
In response, Narube says such appointments should be allowed where necessary to bring in technical expertise, particularly in key portfolios such as finance and law.
He says similar provisions existed under the 1997 Constitution and in other jurisdictions, and argues that flexibility is important to ensure Cabinet is made up of capable individuals. He adds that non-elected ministers should not have voting rights in Parliament.
Commission member Dr Neelesh Goundar questions whether the electoral victories of FijiFirst in the 2014 and 2018 general elections meant that the current Constitution had been given a democratic mandate by the people.
Responding to the question, Narube says he does not agree that repeated elections under the 2013 Constitution automatically give it legitimacy.
He argues that the Constitution was imposed first and elections were later conducted under it, and therefore electoral victories should not be interpreted as endorsement of the Constitution itself.
Narube says that, in his view, a Constitution must be accepted under free and fair conditions, adding that if intimidation or coercion is involved, then it cannot be considered genuine acceptance of the system.
