Professor Biman Prasad, leader of the National Federation Party (NFP), has criticized Fiji’s 2013 Constitution, describing it as “fraudulent and discredited.” Speaking at the NFP Convention in Labasa, Professor Prasad condemned the manner in which the Constitution was enacted, asserting that it lacked public consultation and was intentionally designed to be extremely difficult to amend.
The 2013 Constitution includes stringent requirements for amendment, demanding a three-quarters majority in Parliament along with a similar majority in a public referendum. Professor Prasad argued that such provisions were intentionally embedded to protect the document from changes that might disrupt the established order.
Professor Prasad referred to a recent Supreme Court case that tackled these rigid amendment processes. He highlighted the need for Fijians to have a voice in their governance, supporting a governmental position that advocates for more accessible avenues for constitutional reform. In response, the Supreme Court has decided to lower the Parliamentary threshold for constitutional changes to a two-thirds majority, while retaining the requirement for majority voter support in a referendum. This change has been positively received by Professor Prasad and the NFP.
This development aligns with ongoing calls from political leaders, including Prime Minister Sitiveni Rabuka, and constitutional experts, advocating for public involvement in the amendment process. There have been discussions about establishing a Constitution Review Commission to ensure that reforms are inclusive and reflective of the Fijian populace’s desires.
Critics argue that the 2013 Constitution primarily serves the interests of a select few, excluding meaningful democratic participation and lacking transparency. By championing a participatory approach to constitutional reform, leaders like Professor Prasad aim to address historical grievances and establish a more just future for the nation.
The current discussions around constitutional amendments in Fiji signal a hopeful shift towards genuine democratic reform. This move seeks to strengthen civic participation and trust, ensuring that governance truly echoes the collective will of Fijians. The Supreme Court’s recent decision represents a positive progression towards constructing a more balanced and citizen-focused framework for constitutional amendments, one that upholds democratic values while maintaining governance stability.