A-G calls for calm | Clarifies Constitution Amendment Bill’s purpose

2025-03-05 04:05:00

Abstract: The constitutional amendment bill focuses on changing amendment *procedures*, not the 2013 Constitution's content. It aims to make the constitution easier to change, reflecting the will of the people.

The constitutional amendment bill submitted to Parliament today does not target the substantive clauses or content of the 2013 Constitution, but rather its amendment procedures.

Attorney-General Graham Leung clarified this to the press in Parliament yesterday. He stated that the bill is likely to have its first reading next Monday. "So, I think next Monday will be an interesting day with respect to the first reading speech and the debates that will ensue," he said.

"When you see a copy of the amendment bill tomorrow (today), you will understand that it is a technical, procedural bill. The bill is not about substantive clauses or content, it is about the amendment procedure. We are not seeking to delete or remove anything. For example, the words 'Attorney-General' appear 70 times in the Constitution. We are not talking about that. If the process continues to move forward, all relevant parties will have the opportunity to share their views on what they like and dislike about the Constitution in a transparent manner later. The amendment bill is not about content, it is about procedure and process."

Mr. Leung also spoke about how any constitution (as a living document) needs to reflect the will of the people, rather than being imposed upon them, as this would mean the document lacks legitimacy. He stated that a senior jurist who recently visited Fiji commented that Fiji's constitution is one of the most difficult constitutions in the world to amend. "The paradox is that a constitution that cannot be changed or is almost impossible to change, runs counter to the very nature of democracy. Its rigidity contains the seeds of potential discontent and instability."

The 2013 Constitution was introduced by the Bainimarama regime and signed into effect on September 6, 2013, by then-President Ratu Epeli Nailatikau. It has been criticized by numerous commentators for being introduced without proper consultation. Mr. Leung said, "I recognize that it is human nature to fear what we don't know or don't understand. But change is part of our evolution as a young democracy. The politics of fear-mongering is for those who are misguided and ignorant." He also indicated that a new Code of Conduct Bill would be introduced in this session of Parliament.