Constitutional Law at Fiji
The 2013 Constitution of Fiji represents a significant transformation in the nation's legal and political framework, emphasizing democratic principles, human rights, and secular governance. Promulgated on September 6, 2013, it marked Fiji's return to parliamentary democracy after years of military-led governance.
🇫🇯 Key Features of the 2013 Constitution
1. Sovereign and Secular State
Fiji is defined as a sovereign, secular state, ensuring freedom of religion and the separation of church and state.
All citizens are collectively referred to as “Fijians”, promoting national unity and inclusivity. (Fiji: New Constitution Signed into Law | Library of Congress)
2. Parliamentary Structure
The Constitution establishes a unicameral Parliament with 50 members elected through a proportional representation system, eliminating race-based electoral rolls and seat quotas.
The Senate, an unelected upper chamber, was abolished, centralizing legislative authority. (The Constitution of Fiji (2013) by ..., 2013 Constitution of Fiji)
3. Human Rights and Anti-Discrimination
It enshrines a comprehensive Bill of Rights, including socio-economic rights such as access to housing, sanitation, transportation, and social security.
The Human Rights and Anti-Discrimination Commission was established to promote and protect human rights for all citizens. (Fiji Government - FACT SHEET: FIJI’S NEW CONSTITUTION, Fiji 2013 Constitution - Constitute)
4. Judicial Independence
The Constitution strengthens the independence of the judiciary, granting it control over its own budget and finances, as approved by Parliament.
It also provides for the establishment of an Accountability and Transparency Commission to oversee public sector integrity. (Fiji Government - FACT SHEET: FIJI’S NEW CONSTITUTION, Fiji 2013 Constitution - Constitute)
5. Electoral Reforms
The voting age was lowered from 21 to 18 years.
A multi-member open list system of proportional representation was introduced, aiming to provide more opportunities for women and youth to be elected. (Fiji: New Constitution Signed into Law | Library of Congress, Fiji Government - FACT SHEET: FIJI’S NEW CONSTITUTION)
6. Citizenship and Land Ownership
The Constitution grants the right to multiple citizenship, a first for Fiji.
It expressly protects the communal ownership of land by iTaukei (indigenous Fijians), recognizing their cultural and ancestral ties to the land. (Fiji 2013 Constitution - Constitute, Fiji: New Constitution Signed into Law | Library of Congress)
🏛️ Historical Context and Criticism
The 2013 Constitution was drafted under the military-led government of Commodore Frank Bainimarama, following the 2006 coup. An earlier draft constitution, prepared by an independent commission, was rejected by the government, leading to the promulgation of the 2013 version. Critics, including the original draft's author, Yash Ghai, have argued that the final document concentrated power in the hands of the executive and lacked sufficient checks and balances. (2013 Constitution of Fiji)
🔄 Amendments and Future Prospects
In August 2024, the government of Sitiveni Rabuka announced plans to amend the Constitution, initiating a review process to address concerns and adapt to evolving political dynamics. (2013 Constitution of Fiji)
📘 Accessing the Constitution
The full text of the 2013 Constitution of Fiji is available in English at the Constitute Project.
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