The Constitution That Never Was: Revisiting Fiji’s 2012 Draft

Abstract

ABSTRACTThe authors take the view that the draft constitution prepared by the Fiji Constitution Commission in 2012, but rejected by the government in favour of the government-drafted 2013 document, deserves not to be ignored. They show how it was developed, including how it responded to the issues that mattered to Fijians at the time, and how it dealt with the non-negotiable requirements laid down by the Bainimarama regime. The article also indicates the influences on the draft, including of constitutional experiences in other countries. It is not a comprehensive account of that document, nor is it restricted to the issues that tend to dominate the literature on Fiji, such as ethnicity and land. For example, it discusses the provisions on gender, and human rights, including socio-economic rights. The paper shows how the elements discussed differed from the excellent 1997 Constitution, and how far the 2012 ideas remain visible in the 2013 Constitution.