Fiji Constitution Needs Change, But Process Lacks Transparency, Says Independent Opposition MP

March 11, 2025

Opposition MP Rinesh Sharma, one of four independent MPs who supported the government’s motion last week to allow the first reading of the Constitution (Amendment) Bill 2025, has acknowledged the need for constitutional changes but raised concerns about the transparency of the process.

Addressing Parliament during today’s second reading of the Bill, Sharma said that after last week’s sitting, he had engaged in extensive discussions with government ministers and legal experts to understand the proposed amendments.

“I agree that this Constitution needs amendments, but it needs proper process,” Sharma told lawmakers. “If it’s done wrongly, then let’s do it correctly and leave it for the future generation…rather than trying to fulfill some of election promises because elections are not too far.”

Sharma pointed to analysis suggesting that the current Constitution grants “immense power” to the government and the Attorney-General, a structure he argued does not fully align with democratic principles.

Despite supporting the motion to proceed with the Bill’s first reading, Sharma expressed reservations about the government’s plan to lower the parliamentary threshold for constitutional amendments from three-quarters to two-thirds. He expressed his opposition to the Bill, warning that such a change could “reduce the voices of the opposition.”

Sharma also urged the government to ensure full transparency by presenting the complete details of the proposed amendments to both Parliament and the public.

“If there is the transparency that the people are calling for, we can get more than 75% of votes,” Sharma said. “We are here to work for the betterment, but there needs to be transparency in the content that the government wants to amend.”

He further revealed that he had faced significant criticism, including from MPs on the Opposition bench, for voting in favor of the government’s motion last week. Defending his decision, Sharma stated that he was exercising his right to express his opinion and vote, insisting that he “wanted to hear the Prime Minister’s speech this morning.”

In his address to Parliament today, Prime Minister Sitiveni Rabuka maintained that the 2013 Constitution does not reflect the Fijian people’s voice, will, or evolving aspirations. He reiterated his call for the passing of the Constitution (Amendment) Bill 2025.

“It was neither formulated nor adopted through a participatory democratic process to secure the people’s mandate,” Rabuka said. “If a constitution is to reflect the voice of the people, it must be born out of inclusive national dialogue, as seen in successful constitutional democracies worldwide”

Rabuka said the Bill introduces a more efficient and flexible process for constitutional change, ensuring that necessary updates can be made without undue delay.

The Bill proposes changing the amendment process outlined in Sections 159 and 160 of the 2013 Constitution. It not only seeks to lower the parliamentary threshold for constitutional amendments from three-quarters to two-thirds, but it also proposes the removal of the requirement for a national referendum.

The second reading of the Bill comes about a week after the first reading, which only proceeded after Rabuka successfully secured the votes required to suspend two standing orders that had previously prevented the Bill from being introduced in the House.

Along with Sharma, Independent Opposition MPs Sanjay Kirpal, Shalen Kumar, and Sachida Nand also supported the government’s motion, ensuring it achieved a majority vote (41 Ayes, 13 Nos, and 1 Did Not Vote) to suspend Standing Orders 6(5) and 92.

Photo: Rinesh Sharma (second from right)

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