The Fiji Women's Crisis Centre has recommended that the Constitution explicitly provide for Temporary Special Measures, including a minimum of 30 percent reserved seats for women in Parliament and the incorporation of quotas within the existing electoral framework where necessary.
In the written submission to the Constitution Review Committee, they say the 2013 Constitution does not provide for Temporary Special Measures, such as legislated quotas or reserved seats for women in Parliament.
The FWCC says this omission fails to acknowledge the structural and systemic barriers that continue to prevent women from participating equally in political life.
They say Fiji no longer has a basis to justify its reluctance to legislate such measures as it is a State Party to key international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
They are also calling for the inclusion of a provision stating that any recognition of the Great Council of Chiefs should be strictly advisory and limited to indigenous affairs, with no legislative powers, and recognize secularism, and among other things, remove provisions granting immunity.
The Centre is also calling for any legislative or policy advice from the GCC to be subject to public consultation.
It further recommends that the GCC be excluded from formal governance and decision-making roles, including any involvement in appointing the President or other state officials.
They say any constitutional provision relating to the GCC must also require compliance with gender equality principles, non-discrimination and human rights standards.
FWCC says this approach would respect culture while ensuring the Constitution remains grounded in equality, inclusion and democratic accountability.
They also recommend that the constitution recognize secularism as another non-derogable constitutional principle, prohibit any State religion or religious preference, subject all laws influenced by religion or custom to strict human rights scrutiny and affirm equal citizenship for all, with rights that override discriminatory practices.
They have also recommended for the repeal of Chapter 10 of the 2013 Constitution to remove provisions granting absolute and irrevocable immunity for actions connected to the 2006 coup and related events.
They also call for the restoration of the jurisdiction of courts to review and adjudicate claims arising from past political events, ensure that no constitutional provision prevents access to justice, remedies or compensation for victims, affirm a principle of zero tolerance for coups and unconstitutional takeovers, and clearly reflected in the Constitution, as well as align Fiji’s constitutional framework with international human rights and accountability standards.
They say the new Constitution should also clearly limit the role of the Republic of Fiji Military Forces to national defence and lawful security functions, while ensuring civilian authority remains above the military.
It also recommends removing or clearly defining vague terms such as "national security" and "well-being", strengthening safeguards against military intervention in politics, and ensuring the military remains subject to parliamentary oversight, judicial review and constitutional accountability.
They further recommend that the Constitution introduce a new provision formally recognising a caretaker government period during elections.
They say during this period, the Government should be restricted to essential and routine administration and should not announce new policies, make significant appointments or enter into major contracts.
FWCC says any urgent decisions should only be made in the public interest and, where appropriate, in consultation with opposition parties.
They also submit that the Constitution should provide for the establishment of an Independent Civilian Police Complaints Commission as a permanent constitutional body responsible for receiving, investigating, prosecuting and overseeing complaints against members of the Fiji Police Force.
FWCC says they are concerned that a system in which the Police Force retains primary control over the intake and assessment of complaints creates a perception of institutional bias and may undermine public confidence in police accountability mechanisms.
They say effective oversight requires that allegations of police misconduct be assessed independently from the institution that is the subject of the complaint.
They also emphasise that the process for selecting the President must ensure independence, neutrality and public confidence in the office.
The Centre recommends establishing a transparent and independent process for selecting the President, ensuring the office holder is impartial and not aligned with any political party.
FWCC also recommends considering alternative methods of selecting the President, including direct election by citizens or appointment through an independent electoral college or another independent electoral process.
The Centre says the nomination process should promote diversity and gender inclusion.
It is also calling for the removal of Section 82 of the Constitution, which it says limits the President's ability to make independent decisions, and recommends giving the President the power to move a vote of no confidence against the Prime Minister.
FWCC further recommends moving away from the current single national constituency towards a multi-constituency or multi-member district system with open-list proportional representation.
The FWCC is also calling for a review of the five percent electoral threshold, including consideration of lowering it to reduce wasted votes and improve representation, while creating a more enabling environment for independent candidates and smaller political parties.
It further recommends making the electoral system more inclusive, accessible and easier for voters to understand, while increasing the visibility of women candidates through gender-balanced candidate lists, alternating male and female candidates on ballots and prioritising the placement of women candidates on ballot papers.
The FWCC says these reforms would strengthen accountability between elected representatives and communities and promote more inclusive political participation.
It also recommends that the Constitution expressly guarantee the institutional, administrative and financial independence of the Fiji Human Rights and Anti-Discrimination Commission.
FWCC says the executive arm of Government should be prohibited from interfering in the Commission’s functions, investigations and decision-making, while the Commission should have the power to prepare and defend its own budget directly before Parliament.
It also recommends giving the Commission full authority to independently investigate human rights violations without prior ministerial approval, removing restrictive constitutional and legislative provisions that undermine its independence, and allowing it to submit independent reports to international and regional human rights bodies.
The FWCC says the Commission should also be strengthened in line with the Paris Principles to improve credibility, accountability and public confidence.
They also recommend that the constitutional review process should be deferred until the National Referendum framework is enacted and operational.
They say the referendum law must provide clear procedures for public participation, education and voting, ensuring accessibility for all communities.
They say adequate time must be allocated for civic awareness and consultation before any referendum is held, constitutional reform should proceed in a manner that prioritises legitimacy, inclusiveness and public trust, rather than expediency.
They add the constitution derives its authority from the people and ensuring that the legal framework for referendum is firmly in place before the review begins is essential to upholding democratic principles, constitutional integrity and the will of the people of Fiji.
The FWCC further stresses that any constitutional reform must protect core, non-negotiable democratic principles, particularly the Bill of Rights in the 2013 Constitution.
These include separation of powers, a strong and enforceable Bill of Rights, substantive equality, rule of law and accountability, and a clear separation between the State and society so that government does not privilege ethnicity, culture or religion over equal citizenship.
FWCC argues that separating the State from social and cultural groupings is essential to reduce ethnic division, protect cultural autonomy, strengthen independent civil society, promote national unity, and ensure more balanced and modern governance.
They recommend that these principles be firmly entrenched in the Constitution, protected from removal or erosion, and subject to strict judicial oversight in any limitation.
They also emphasize that constitutional rights are only meaningful if limitations on those rights are clearly defined, strictly controlled and not open to abuse. It warns that vague or overly broad limitation clauses can weaken rights in practice, even when they appear protected on paper.
The FWCC highlights that weak limitation frameworks allow governments to restrict freedoms through ordinary laws, undermining rights such as freedom of expression and assembly. It points to stronger models, particularly South Africa’s Constitution, where any restriction must be justified, proportionate and necessary, with courts playing a key role in safeguarding rights.
FWCC also raises concern that socio-economic rights in Fiji may be weakened by resource-based limitation clauses that allow the State to avoid full implementation of rights such as housing, health, transport and social security, which disproportionately affect women and vulnerable groups.
It further notes that laws like the Public Order Act can excessively restrict civil liberties, limiting democratic participation and weakening accountability when oversight is weak.
FWCC recommends a strict South African-style limitation framework, placing the burden on the State to justify any restriction, protecting core rights from derogation, and repealing laws that disproportionately limit fundamental freedoms, to ensure rights remain enforceable and not merely symbolic.
FWCC submits that the constitutional review process must be strengthened to ensure inclusive and meaningful participation of all communities, particularly women, youth, persons with disabilities and rural populations.
The process must be transparent and accessible civic education to support informed engagement, independence and credibility of the review body, and public consultation and dialogue on draft constitutional provisions prior to its implementation.
The FWCC says such an approach is essential to ensuring that the Constitution is not only a legal document but a living expression of the will, rights and aspirations of all people in Fiji.
They submit that Section 26 should be strengthened to expressly reflect Article 2(e) of CEDAW by imposing a positive constitutional obligation on the State to eliminate discrimination by any person, organisation or enterprise, whether public or private. This would ensure that constitutional equality protections extend meaningfully into all areas of social, economic and public life.
The FWCC further recommends that the Constitution expressly require the State to take legislative, administrative and other appropriate measures to modify or abolish discriminatory laws, customs, practices and conduct that perpetuate inequality. Such an amendment would strengthen basic equality protections and ensure greater accountability in addressing systemic discrimination against women and marginalised groups.
The FWCC recommends that the Constitution should include a provision recognising the duty to strengthen and uphold the dignity, rights and safety of women and children.
They say this duty should explicitly call for the elimination of practices that are harmful, discriminatory or violent to women and girls.
The provision should guide the development of national laws and policies aimed at preventing gender-based violence and civic education initiatives should be strengthened to promote public awareness and cultural change in line with these constitutional values.
They further add that the Constitution expressly guarantee the institutional, administrative and financial independence of the Fiji Human Rights and Anti Discrimination Commission, the executive arm of government be prohibited from interfering in the functions, investigations and decision-making of the Commission, they be empowered to prepare and defend its own budget directly before Parliament and that funding is not dependent on government discretion.
They submit the Commission be granted full authority to investigate human rights violations independently and without prior ministerial approval, restrictive provisions within the Constitution and the Human Rights and Anti-Discrimination Commission Act 2009 that undermine independence be removed, the FHRADC be expressly authorised to submit independent reports to international and regional human rights treaty bodies and the Commission be strengthened in accordance with the Paris Principles to ensure credibility, accountability and public confidence.
