The Fiji Trades Union Congress is recommending a review of the President’s role under the 2013 Constitution.
General Secretary Felix Anthony told the Constitution Review Commission that the current system makes the Head of State too subservient to the government. The FTUC believes the President should be elected by the people, rather than appointed by the government of the day.
Under Section 82 of the 2013 Constitution, the President acts only on the advice of Cabinet, a Minister, or another authority prescribed by law.
“I’ll give you an example. When the government imposed the Essential Industries Decree, which took away the powers of trade unions and workers-where workers couldn’t even raise a grievance unless the claim exceeded $5 million-the President signed that legislation. That was not in keeping with the Bill of Rights, but the President signed because he is a government appointee.”
Anthony says a revised Constitution should allow the public to elect the Head of State, providing the office with greater accountability and authority.
However, Commissioner Daniel Fatiaki suggests the issue may not be how the President is appointed, but rather the lack of independence once in office. He proposes amending the Constitution to grant the President discretion to review or reject legislation, while removing provisions that make the role subordinate to the government.
“I mention this because a national vote for a President is like the American system; it would be technically difficult as you’d be rewriting the entire electoral system. But your point is taken-the President should be able to make independent decisions.”
Nationwide public consultations on the 2013 Constitution review begin next month in the Lau Group, Lomaiviti, and Cakaudrove.

Sainimili Magimagi