Speaking in favour of the Constitution (Amendment) Bill 2025, Fiji’s Attorney-General Graham Leung stated that it would allow for open discussions on which parts of the 2013 Constitution should be kept or discarded, acknowledging that while the current framework has its strengths, there are also areas that require change.
Leung characterised the existing framework as “frozen in time,” pointing out that it was imposed without public or parliamentary approval and serves as a barrier to democratic progress. He underlined the necessity for a more flexible and inclusive constitution that reflects the changing will of the Fijian people.
“The Constitution must be the work of the people and must work for the people,” he said, pointing out that the current amendment process—requiring a three-quarters majority in Parliament and a referendum with the same level of voter approval—is one of the most rigid in the world.
According to Leung, this threshold makes the Constitution “virtually impossible to change.”
The proposed Bill seeks to lower the parliamentary threshold for amendments to two-thirds, aligning it with the provisions of Fiji’s 1997 Constitution.
“Others will have their views about which parts of the Constitution need to be reviewed, retained or amended. These are precisely the debates that this amendment bill will allow,” Leung said.
“Let us open the doors to a frank and free discussion about which features of the 2013 Constitution deserve to be retained and which should be dropped.”
While acknowledging the Constitution’s strengths, Leung outlined several areas that need change.
“There are some noble features in the 2013 Constitution,” Leung said, noting its provisions for equal citizenship, non-discrimination, the reduction of the voting age to 18, the Bill of Rights, and the adoption of a common name for Fiji’s citizens. He said that these foundational values remain untouchable.
“There is no intention to change the foundational values of the Constitution,” he assured Parliament.
However, Leung did not shy away from pointing out the Constitution’s shortcomings, which he believes hinder democratic growth. He cited several aspects that should be addressed. Among the key issues was Chapter 3, which deals with the electoral system. Leung labelled the system as undemocratic, citing examples where a candidate with 500 votes can enter Parliament while one with 5,000 votes is shut out.
He also highlighted the removal of by-elections, arguing that this deprives voters of the opportunity to reassess their support for a party or candidate.
Another concern raised by Leung was Section 53(3), which requires political parties or candidates to secure 5% of the vote to qualify for parliamentary seats. He labeled this provision “undemocratic and unfair,” as it disadvantages smaller political parties and independent candidates.
Leung further warned about the concentration of power, noting that “the Attorney-General has too much power,” which he cautioned could lead to potential abuse.
Another point of concern was Section 56, which imposes a two-year residency requirement for Fiji citizens living overseas to run for Parliament. Leung argued that this provision is overly restrictive, preventing citizens with much to contribute from standing for Parliament.
Leung also drew attention to Section 6(5), which allows limitations on human rights that are not explicitly outlined in the Constitution. He called for greater clarity and protection in this regard.
Leung also assured Parliament that the government remains committed to upholding core constitutional values such as equality, non-discrimination, and human rights.
“This is a defining moment in our country,” he said, urging Parliament members to support the Bill.
Photo: Fiji Parliament
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