With an election looming and political parties in campaign mode, the Fijian government has hinted that a new constitution could be in place by Christmas Eve.
The move has been described by a local civil society organisation as a “grave threat” to democracy and the rule of law, while one of the minor parties in the Sitiveni Rabuka-led coalition government has distanced itself from “any attempt to rush constitutional reform”.
In a statement on Wednesday, the Fijian government said Cabinet had endorsed the Constitution Review Commission’s (CRC) report to be presented in parliament and had supported a request for a special sitting on 22 September.
The CRC, established in March this year, conducted nationwide consultations and received submissions on Fiji’s 2013 Constitution before submitting its report and a draft constitution bill to the country’s head of state on 31 August.
According to the government, the Commission’s report identifies areas for reform of the 2013 Constitution.
Rabuka and other critics have long argued that the 2013 Constitution was imposed by the Bainimarama administration following the 2006 military coup.
The constitution also introduced equal citizenship for all Fiji nationals and formally adopted “Fijian” as the common national identity for all citizens, regardless of ethnicity.
“Cabinet’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.”
It added that the proposed process provides that the CRC’s report will be debated in parliament during its sitting from 28 September.
“Subject to the passage of the Bill and subsequent parliamentary processes, a referendum is proposed to be held between November and mid-December 2026.
“If approved through the required processes, the new Constitution is proposed to come into effect by 24 December 2026.”
The 2013 Constitution introduced equal citizenship for all Fiji nationals.
RNZ Pacific / Kelvin Anthony
However, the Centre for Democracy and Dialogue, formerly known as Dialogue Fiji, has warned that the proposed timeline to introduce a new constitution by 24 December raises serious constitutional, legal and democratic concerns.
The Centre’s CEO Nilesh Lal said the government’s proposed timeline would plunge Fiji into a period of “undemocratic rule”.
Lal said the democratic authority of Fiji’s parliament was time-bound.
“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,” he said.
He said a constitution coming into force in late December could make it “legally and administratively impossible” to hold a general election within the required period following the dissolution of parliament under Fiji’s 2013 Constitution.
“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,” he said.
Rabuka’s former deputy PM and National Federation Party (NFP) leader Biman Prasad said his party would not support a “rushed process”.
“We have had constitutional upheavals in this country,” Prasad told FBC News.
“In fact, we have had four constitutions and constitution-making process ought to be open, transparent and accountable. It must be the document that has the broad support of our people.”
Fiji PM Rabuka and his Cabinet are “acting recklessly”, the opposition says.
Parliament of the Republic of Fiji
Opposition: Rabuka ‘acting recklessly’
Fiji’s opposition leader Inia Seruiratu has also weighed in on the issue, urging the government to slow down and explain to the Fijian people “why it is necessary to have a new Constitution in force by Christmas Eve”.
“The people must be given adequate opportunity to understand what is being proposed, what they may gain, what they may lose and how the proposed Constitution will change the way Fiji is governed,” he said in a statement on Friday.
He warned that Rabuka and his Cabinet were “acting recklessly”.
“I am calling on the Government to slow this process down,” he said.
