The Bill to amend the 2013 Constitution has been defeated in Parliament as the Government did not meet the 75 percent requirement.
40 MPs voted for the amendment, 14 were against it and one Member of Parliament did not vote.
This means the review process will not proceed.
The Government required 41 votes.
The Bill sought to change the requirement for the 75 percent of the Members of Parliament needed to amend the Constitution and to also entirely remove the requirement of a referendum and support of 75 percent of the registered voters under Section 160.
It also sought to amend Section 159(c) relating to repealing, infringing or diminishing the effect of Chapter 11 of the Constitution which is about amendments to the Constitution.
While speaking in his Right of Reply, Prime Minister Sitiveni Rabuka says they have not been unfaithful to the Constitution and they are still working in accordance with the provisions of the Constitution.
Rabuka says they want the amendment to take place so that it reflects a more reasonable way of exercising the will of the people.
The Prime Minister says they are not going against the Constitution, and they were tabling the second reading because that is what it demands.
Opposition MP Jone Usamate believes there is a need to change the Constitution and there are things in it he does not agree to such as there being too much executive authority in some places but amendments must be done in the right way.
He says people want to know what the changes will be.
Usamate says they could have sat and discussed it, agreed what the changes would be and then together gone out and gotten the percentage.
He says he was astounded that they are talking about democracy and want to get rid of a referendum - the purest form of democracy.
The MP says they can get 75 percent vote through true bipartisanship.
Opposition MP Premila Kumar while opposing the motion says the Coalition Government is trying to change the Constitution without the clear mandate of the people and following the Constitution.
She says if this Bill passed, the Government will not even need 4 votes from the Opposition as they have the vote of the Group of 9.
While Kumar was speaking on the Sunday ban during the 1987 coup, Deputy Prime Minister Manoa Kamikamica raised a point of order saying that the words are likely to promote feeling of ill-will and hostility between communities.
Speaker Filimoni Jitoko told Kumar to stick to the Bill.
Kumar says the amendments could allow the Great Council of Chiefs to appoint the President and only the iTaukei be called Fijian.
She was again reminded by the Speaker to desist from making references that will breed ill-will among people.
The MP says she has an issue with the two-third requirement in Parliament but the referendum is the most important component and must not be removed as it is the highest level of democracy and people should decide on the rules that govern them.
Opposition MP, Alvick Maharaj also says they are willing to support the Constitution Amendment Bill if they are told what is supposed to be changed.
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He proposes that the Prime Minister withdraws the Bill and brings a motion whereby the Parliamentary Select Committee will consult with people throughout Fiji and present the report to Parliament.
Maharaj adds that they expect the leaders to get into a discussion in a bipartisan manner, however, some of the Opposition Members are being lured to actually vote in favour of this particular bill in order to gain benefit.
While opposing the Bill, Opposition Member Faiyaz Koya highlighted that nobody says the Constitution can’t be amended, there is a procedure and the Government needs to understand this.
Koya says they want to see the changes in black and white but nothing as such is happening.
He says things can be changed if processes are followed.
Deputy Prime Minister Professor Biman Prasad says their belief is unshakeable and firm that the 2013 Constitution is illegal and totally lacks legitimacy and anyone clinging with their dear life to this Constitution is endorsing lack of legitimacy.
He says the 2013 constitution has the potential to become a diabolical disaster, not only for now, but in the future for our nation and every Fijian, if it is allowed to reign as our supreme law.
While responding to the argument by the Opposition that the MPs have taken oath on the 2013 Constitution, Professor Prasad says so did the people under the 1990 Constitution.
He says both in 1992 and 1994, the National Federation Party participated in the general elections under that unjust racist constitution with the sole objective of changing it within the seven year time frame stipulated in that Constitution.
He says Rabuka worked with the late Justice Jai Ram Reddy as the leader of the NFP and delivered one of the world's most acclaimed Constitutions.
He says the call that came from across the floor was a need for a referendum but he asks was the provision for the referendum decided by the people or by a select few or consultation that the Attorney General has immense powers
Minister for Immigration, Viliame Naupoto while supporting the Bill says the Constitution must be reviewed as it’s a priority, and they must give their blessing for the changes.
Deputy Prime Minister and Minister for Tourism, Viliame Gavoka while supporting the Bill says he agrees that the Constitution can’t be changed.
He says the amendment will ensure voices that were never heard will be heard.
Gavoka says SODELPA believes in fairness, good governance and democracy to ensure people have equal access to opportunity and they want to guarantee that people should not fear about any changes.
Minister for Women, Sashi Kiran while supporting the Bill questioned if there was consultation on the 2013 Constitution or if it was endorsed by a referendum.
Kiran says values such as equal citizenry and secular state will not be affected.
Minister for Defence Pio Tikoduadua says the 2013 Constitution was not born from the will of the people as it was not through a democratic process, a referendum or a parliamentary vote and yet, this same document now demands that any amendment, no matter how necessary, must pass an impossible threshold.
He says this is not democracy but a deliberate design to ensure that change is nearly impossible, that the will of a future generation is bound by the unilateral decision of the past.
Tikoduadua says the Bill does not dictate what constitutional changes will come next and it does not alter fundamental freedoms.
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Minister for Public Works Ro Filipe Tuisawau says there are questions about what the changes in the Constitution will be and there are implications that there is an ulterior motive but this Government is about transparency.
He says this government was not born out of some ulterior motive or conspiracy or military coup as it is an elected government.
Ro Filipe says there is no ulterior motive in terms of what provisions of the Constitution needs to be amended.
He is assuring the Opposition Members that they will be part of the process, and they will go through the amendments in detail.
The Minister adds they will amend it so it is not the Government making amendments and when they go for public consultations, then the amendments will come from the people.
Debate on the Bill to amend the 2013 Constitution is now underway in Parliament after the proposed law was tabled for the second reading by Prime Minister, Sitiveni Rabuka this morning.
While speaking on the proposed amendments to the constitution, Rabuka says Section 2 simplifies the language of Chapter 11, allowing for greater clarity and adaptability in governance by removing outdated or restrictive provisions.
He says Section 3 enhances legislative efficiency by lowering the threshold for constitutional amendments from three-quarters to two-thirds of Parliament support, and removing the requirement for a nationwide referendum.
Rabuka says this ensures that amendments can be passed through elected representatives in Parliament, reflecting the democratic mandate while streamlining the decision-making process.
He stresses that by allowing constitutional updates to be made more efficiently, the amendment ensures that governance structures remain responsive to evolving national needs.
Rabuka says today is a special day – not just for the esteemed members of parliament, but for our entire nation.
He says he is saying this because the outcome of today’s debate on the Bill to amend the Constitution of the Republic of Fiji will shape the future of democracy, the future of our land, the destiny of our nation and, with it, the lives of our people.
The Prime Minister says the constitution is the supreme law of our land, the foundation upon which our democracy stands, yet, for a constitution to be legitimate, it must demonstrate the will of the people, echo their voices, embody their spirit and aspirations in its content, and reflect their dignity in shaping their own future.
However, he says the current 2013 constitution lacks this fundamental principle.
He says it was neither formulated nor adopted through a participatory democratic process to secure the people’s mandate.
Rabuka says if a constitution is to reflect the voice of the people, it must be born out of inclusive national dialogue, as seen in successful constitutional democracies worldwide.
He adds the bill before parliament is not merely a legal exercise – it is a moral and democratic necessity.
Rabuka says Fiji is still a very young nation – having only gained independence 54 years ago – and like any young nation, we are learning, growing, transitioning and refining our path as we move forward.
He says the great democracies of the world – those that have endured for centuries – did not impose their constitutions upon their people.
Rabuka says instead, their founding documents were carefully crafted by the people, for the people, through robust dialogue, consensus, with distinct commitment to freedom and justice.
The Prime Minister says constitutional reform should not be a partisan issue, and philosophers and ordinary citizens alike believe and have argued that the pathway to national unity is through bipartisanship.
Rabuka says as representatives of the people, it is their duty to engage in meaningful discussions, to listen to diverse voices, and to ensure that this process is transparent, accountable, and just.
Rabuka adds that the Constitution must be adaptative and able to be moulded to reflect the needs of its people.
He says ultimately, the Constitution remains a living document that responds meaningfully to Fiji's needs.
Rabuka says lowering the approval threshold strikes a balance between stability and adaptability, ensuring that the Constitution can be improved when needed while still maintaining a strong two-thirds consensus in Parliament.
He says this constitutional reform modernises the constitutional amendment process, making it more effective, democratic and upholds the tenets good government.
The Prime Minister says history will judge us not by the laws we inherit, but by the laws we shape for future generations.
He told the MPs that let them not be remembered as a Parliament that defended an unrepresentative constitution, let them be remembered as leaders who put democracy above politics, who embraced dialogue over division, and who gave the people the power to shape their own destiny.
He called on all parliamentarians to rise above party lines, act in the spirit of bipartisanship, and work together to build a Constitution by the people, for the people — one that truly reflects the ideals of democracy, justice, and unity. 37 parliamentarians from the government side and 4 from the Opposition had voted for the tabling of the Bill last week.
Opposition MPs, Sanjay Kirpal, Rinesh Sharma, Shalen Kumar and Sachida Nand voted for the motion.
If they would support the government side in today’s vote for the Bill, then the amendment to the constitution in Parliament will be passed as there will by 75 percent of support for the constitutional change.
Sharma has voted against the Bill, saying that the government should provide full details on what it plans to change in the 2013 Constitution.
13 MPs from the Opposition led by Opposition Leader, Inia Seruiratu voted against the tabling of the Bill last week.
Opposition Member of Parliament, Rinesh Sharma has voted against the Constitution Amendment Bill as he wants to know the exact content that the Government wants to amend.
Sharma had earlier voted for the motion to table the Bill with Sanjay Kirpal, Shalen Kumar and Sachida Nand.
The Opposition MP stresses that he still stands firm with his decision to have dialogue and debate, however, he urges government to present the entire content of the constitution amendment to both Parliament and the people of Fiji.
He says if the deregistered FijiFirst party management had not resigned, the party would have been intact and the Constitution would have been protected.
Sharma says they can revisit this process again and if there is transparency that the people are calling for, they can get more than 75 percent votes.
He further says they are here to work for the betterment, but there needs to be transparency in the content that government wants to amend.
The Opposition MP says removing the nationwide referendum will remove the voices of the people.
Sharma says constitutional changes can erode public trust as changes must be transparent and inclusive to ensure all voices are heard.
He agrees that the Constitution needs amendments but this requires the correct process.
Leader of the Opposition, Inia Seruiratu says there is a need for constitutional review but they are against how it is being done by the government.
While speaking against the 2013 Constitution Amendment Bill, Seruiratu says he wholly supports the 75 percent requirement in Parliament because it encourages dialogue but with two-thirds, they can go without the Opposition.
He says if the Government thinks they have the numbers, they can go ahead with it but for a sustainable democracy, the tenets of good governance are inclusivity, hearing the voices of the people and adherence to the rule of law.
The Opposition Leader says the Constitution is not ordinary laws that can be amended at the convenience of any sitting government as they represent social contracts requiring the trust and consent of the people.
He says without a referendum, there is no formal mechanism to ensure that amendments respect the collective voice of all Fijians, including those with limited or no direct representation in government.
Seruiratu further highlighted the extensive consultations throughout Fiji, where about 1,028 consultations at village and settlement level, organisations and individuals were done to prepare the Draft People’s Charter which later formed the basis of the 2013 Constitution.
The Leader of the Opposition says they want the process of the Truth and Reconciliation Commission to be completed before looking at the Constitution.
He adds that one of the biggest concerns they have is who wants what provisions to be amended and why.
The debate continues in parliament.
Attorney General Graham Leung says the constitution must be the work of the people and must work for the people, by being able to be changed by the people when their wants and needs change.
While contributing to the debate on the proposed amendments to the constitution, Leung says this is not the current case and our popular sovereignty has been subverted by a constitution that was not made by the people and no longer serves the people.
He says it is effectively frozen in time as it is virtually impossible for people to change it.
The Attorney General says the current 2013 Constitution provides that it can only be amended by the passage of a law approved by the very high special parliamentary majority of three-quarters of members of parliament, followed by the approval of three-quarters of the total number of registered voters in a national referendum.
He adds this makes it one of the hardest constitutions in the world to amend and it seeks an impossible level of participation and consensus.
He further adds that it was meant to be that way to preserve forever the handiwork of those who imposed the 2013 Constitution.
The Attorney General says the review of the constitution ensures that there is sufficient flexibility to allow the changing will of the people to be given effect.
Leung says that means not strangling the will of the people by requiring that it must reach such an unrealistic level of agreement that change can never be made.
This is not merely a legal or political exercise, it is a matter of national identity, governance, and the preservation of democratic principles.
This was highlighted by Deputy Prime Minister, Manoa Kamikamica in Parliament today as he supported the Bill to amend the Constitution.
Kamikamica says it’s about ensuring that our Constitution is not just a document of authority, but a living covenant between the people and the state, one that reflects the true will and aspirations of all Fijians.
Kamikamica says they gather at a defining moment in our nation's history, at a time which calls for reflection, courage, and an unwavering commitment to justice, the rule of law, and democracy.
The Deputy Prime Minister also acknowledged the Group of 9 independents and the four independent MPs, who voted on a bipartisan basis, to allow them to debate this bill.
He says they fought hard in a contest of ideas in December 2022, and he is reminded of the words of the French philosopher Voltaire, who says I might disapprove of what you say, but I will defend to the death your right to say it.
Kamikamica also thanked Prime Minister, Sitiveni Rabuka for his leadership, vision and guidance, which has undoubtedly led them to this point.
He says it is in this spirit that they open the discussion on the need for a thorough, transparent, and inclusive review of the 2013 Constitution.
He reiterates the Constitution must be an instrument of unity, not division and empowerment, not control progress, not regression.
Minister for Education Aseri Radrodro is urging Members of Parliament to support the review of the 2013 Constitution, and the necessary amendments to have the document reflect the will of the people and various aspects of a sustainable Fiji.
While speaking in support of the Constitution Amendment Bill, Radrodro says there are landowners and landowning units arguing about their land sales in certain parts of Fiji as well as awarding land leases for a lengthy period of time without approval.
The Education Minister says this Constitution also has provisions that need to be reviewed to ensure the true independence of the three arms of the State, especially those dealing with appointing authority, for instance the Constitutional Offices Commission.
Radrodro says they also want to see that the various aspects of our inherent rights are captured to reflect the proper rule of law and adherence to the principles of good governance.
As party leader, he stresses SODELPA will ensure people are provided the opportunity to be able to live peacefully in an economically stable community and have equal contribution to economic and social development.
The Constitution is a supreme document that seeks to reflect the people's voices and provides a framework from which nationhood exists and develops.
Minister for Policing, Ioane Naivalurua highlighted this while supporting the Constitution Amendment Bill in Parliament this afternoon.
Naivalurua says last Friday the Speaker Filimone Jitoko addressed and identified the incoherent and inconsistent within Chapter 11, Section 159, Subsection 2C.
He says the second reading, seeks to remove confusion and bring clarity and alignment to the process as the people deserve a document of legal accuracy and clarity.
The Minister says they must draft, debate and pass clear laws that are legally sound and clearly define their intended purpose.
Naivalurua says the consultations in both cases were open in nature and process so people could make contributions and the collective voice was heard.
He says a two-thirds majority is what many see as the best practice in democracies around the world.
He further says the Constitution aims to provide an equitable framework in which two cultures can achieve respect, celebrate shared sovereignty and have faith in proper processes.
The Minister adds that the need for this change is evident.
The Fiji Trades Union Congress supports the coalition government’s efforts to amend the 2013 Constitution.
FTUC National Secretary, Felix Anthony says while the Government is yet to reveal the details of the amendments it intends to make, they believe that the people will have a say on the amendments being sought and the rights of all Fiji citizens would be safeguarded.
Anthony says the 2013 Constitution was imposed on the people and it does not reflect the will of all Fijians despite its preamble stating, “We the people of Fiji….”.
He says the preamble of the 2013 Constitution itself was and is misleading and untrue as the views of the people were not sought by the then interim Government.
FTUC believes that there is much to be changed in the Constitution including the electoral system which does not make Members of Parliament accountable to the people.
Anthony says they merely need to be accountable to their party leaders and this is quite apart from the fact that a person can become a Cabinet Minister with a few hundred votes only while others with thousands of votes do not qualify and are outside Parliament.
He adds the current Constitution has the Bill of Rights which also has provisions for those rights to be taken away.
Anthony says they saw this being exercised by the previous government that imposed the Constitution on the people when it came to freedom of speech, freedom of association, freedom of assembly, right to fair employment practices, proper working conditions and humane treatment, right to personal liberty and other provisions.
He says these rights were not allowed to be exercised by the former government, and we witnessed the incarceration of trade union leaders, denial of freedom of assembly despite numerous applications by FTUC to march, and the summary dismissal of ATS and Fiji Airways employees overnight via text messages, which was inhumane.
Anthony adds that trade unionists are classified as “public officers” and are totally denied their political rights, which are in violation of their fundamental human and political rights.
He says the FTUC agrees that the current provisions for amendments to the Constitution are unrealistic and not practical.
They firmly believe that amendments to the 2013 Constitution are needed to safeguard the rights of every Fijian, which includes all workers of this country.
This amendment is not just a small change to our laws. It is an attack on our democracy. It takes power away from the people and gives it to politicians. It denies Fijians their right to decide what happens to their country. Who are we, as leaders, to take that right away from them?
This is the message from Opposition MP Ketan Lal while opposing the proposed amendments to the constitution in Parliament.
He says this is not just an administrative update as it is a serious change that moves power from the people to those in Parliament.
Lal says the people of Fiji should not wake up one day to find their Constitution changed without their consent.
He says a Constitution is not a tool for those in power to adjust whenever they want as it is the foundation of our democracy — the agreement between the government and the people.
He adds that the agreement must be protected.
He says the people of Fiji voted for a government to represent them, protect their interests, and respect their rights, but today, that same government wants to take away their right to decide on their own Constitution.
The independent MP says if this amendment passes, the people of Fiji will lose their voice, and power will be handed over to a group of politicians.
He says a Constitution is not just a set of rules — it is the foundation of our nation.
He further says it protects freedom and guides our government, yet this amendment says the people should no longer have a say in shaping this foundation.
He adds imagine electing a government today, only to find that tomorrow, they have taken away the rights to hold them accountable.
Lal says when a government stops listening to its people, democracy dies.
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Debate on the 2013 Constitution Amendment Bill is heating up as points of order have been raised after Opposition MP Virendra Lal said the 2013 Constitution grants people of any religion or race the right to worship in any manner they want and people may remember that during the 1987 coup, there were restrictions on people from doing this.
Lal highlighted this while speaking in Hindi where he says it is only the 2013 Constitution that has given people equal citizenry and the right to be called a ‘Fijian’.
While raising a point of order, Minister for Women, Sashi Kiran says this is trying to put fear in people that they will lose the opportunity to worship in their faith, and lose the secular State.
She says that is not acceptable.
Deputy Prime Minister Professor Biman Prasad also raised a point of order, stating it is out of order for a Member of Parliament to use words that are likely to promote feeling of ill-will and hostility between communities.
Professor Prasad says even the 1997 Constitution Bill of Rights had secularism but it was Virendra Lal’s leader who threw out that constitution.
He says here is a member trying to speak in Hindi, saying that somehow people in this country, people of Indian origin and of other faiths are going to lose their rights to practice.
Professor Prasad says ‘shame on him’ and this is what they do.
Speaker Filimoni Jitoko says he is at a complete disadvantage as he cannot understand what was being said and his ruling will await the transcription of the record.
He says he cannot take the translation as what Professor Prasad has said as that is hearsay.
While continuing to speak in Hindi, Lal says it is not clear what the amendments are going to be.
He says the 2013 Constitution gives everyone equal rights and no one is discriminated against.
Opposition Member of Parliament, Hem Chand has voted against the Constitution Amendment Bill as he says that any amendment in the 2013 Constitution should not be rushed into and be done according to the procedures set out in the Constitution itself.
Chand says rushed constitutional changes could erode public trust, yet changes must be transparent and inclusive to ensure the voices of all Fijians are heard.
He says while we are debating on the Amendment of Chapter 11 of the Constitution, ordinary Fijians and them, the Parliamentarians, are left in the dark not knowing what exactly this Government is trying to change in the Constitution.
Chand also highlighted that Chapter 1, Section 2 (5) of the Constitution says this Constitution cannot be abrogated or suspended by any person and may only be amended by the procedures prescribed in Chapter 11.
Chand adds that the Constitution is not an ordinary law that can be amended at the convenience of any sitting Government.
He adds that there is no shortcut when it comes to constitutional amendments.
The Opposition MP says the Constitutional amendment process hinges on trust in the system, trust among political parties, trust across the ethnic and political divide, and trust between the Government and the governed.
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Prime Minister Sitiveni Rabuka is confident to get the required 75 percent of the votes in Parliament when the time comes for the constitutional review and Truth and Reconciliation Commission issues as most of the members in the Opposition Group of 9 and some of those still left in the Opposition are very reasonable.
While responding to questions on fijivillage Straight Talk with Vijay Narayan regarding criticism from NGO Coalition on Human Rights Chair, Shamima Ali for choosing people from the Opposition to be part of the Cabinet and whether coalition members could not handle some situations, Rabuka says they have been able to handle most of the situations that have come up.
He says the recently appointed Ministers and Assistant Ministers will not have to handle any new situation that they had left on the sidelines without being able to address.
Rabuka says they will just come and help the government with addressing the same things they have been addressing.
The Prime Minister stresses if the public had been watching and listening, they would have noticed that the Opposition has been very reasonable in their contribution to the debates.
When asked if this is a political move and will they eventually join the People's Alliance, Rabuka says he does not know this but it will be good for him.
Cabinet has approved measures to initiate the review of the 2013 Constitution, and a Bill to amend relevant provisions of Chapter 11 of the Constitution will be finalised for tabling in Parliament.
Chapter 11 of the Constitution states that any amendments to the Constitution shall have the support of 75 percent of the Members of Parliament and 75 percent of the registered voters in a referendum.
Cabinet says a Constitution Review Commission is also expected to be appointed to engage the people of Fiji in a consultative process regarding the 2013 Constitution.
Prime Minister, Sitiveni Rabuka says the 2013 Constitution has been subject to wide criticism since its imposition.
He says the criticisms relate both to the manner and process leading to its adoption, as well as aspects of its substantive content.
Rabuka says Constitutional review or changes featured prominently in most political parties' campaigns during the 2022 general elections.
With cabinet's endorsement, both the bill and the Constitution Review Commission will now form part of the Coalition Government's Legislative Programme of 2025, the details of which would be announced by the President at the opening of this year's new session of parliament next month.
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