Alefina Vuki

The Fiji Human Rights AND Anti-Discrimination Commission has raised serious concerns over the 2013 Constitution, telling the Supreme Court that it did not fully reflect the will of the Fijian people.

Appearing before the Court, the Commission’s lawyer Alefina Vuki focused on the importance of public participation and self-determination, particularly for indigenous communities.

“Participation must be active, it must be free, it must be meaningful, and it must be accessible, including access to information in a form and language that can be understood by the people.”

Vuki highlighted the difference between Fiji’s constitutions over the years, noting that the 1997 Constitution was the most widely consulted under the Reeves Commission and “reflected the will of the people of Fiji.”

She stated that in contrast, the Commission’s assessment found that the 2013 Constitution lacked substantial evidence of meaningful public consultation, concluding that it “was imposed and did not embody the will and sovereignty of the people.”

The Commission also raised concerns about Sections 159 and 160, which require a 75 percent parliamentary majority and a national referendum to amend certain provisions.

Vuki warned that such high thresholds could limit democratic participation, noting that no prior referendum or inclusive consultation occurred in 2013, “violating democratic principles and the right to self-determination.”

She stated their submission underscores the Commission’s view that constitutional processes must respect human rights standards, including the right of Fijians to participate in decisions that affect them, as guaranteed under international treaties to which Fiji is a party.

The Supreme Court will continue to hear submissions from interveners in the Cabinet’s reference tomorrow on the interpretation of Sections 159 and 160 of the 2013 Constitution, a case considered of major national importance.

Stream the best of Fiji on VITI+. Anytime. Anywhere.