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The process of amending the 2013 Constitution may take anywhere from three months to six years, as successful amendments require considerable time and patience.
Head of the School of Law at the Fiji National University, Ana Rokomokoti, says constitutional amendments involve multiple steps, including preparation, public consultations, referendums, deliberations, objective analysis, drafting, and the final adoption stage.
She adds that the timeline depends on the scope of the amendment, the work mandated by the people, and the responsibilities of the overseers and authorities managing the process.
Rokomokoti says constitutional changes should not be made at the end of a government term.
“But that is not to say that you can ever oversimplify constitutional legal processes, particularly when dealing with the 2013 Constitution. If you’re talking about something simpler or shorter, that may be possible, but if you’re talking about a whole constitutional review—meaning assessing the 2013 Constitution and deciding whether it’s worth keeping—that is an entirely different ballgame.”
Rokomokoti stresses the importance of studying how other countries have amended their constitutions.
“For Australia, the motives behind constitutional making or constitutional review were important for creating a federal arrangement. It took them about three years. The first constitutional-making process started in 1898, and they had their constitution in 1901. These are things we need to be very mindful of.”
Cheryl Saunders, a Professor of Politics at the University of Melbourne, says a referendum is a valuable opportunity for Fijians to have a direct voice in strengthening their constitution, though it also poses challenges for leaders and policymakers.
Saunders says people will need more information and consultation before the referendum, which could take considerable time.
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Riya Mala