In their submission to the Constitution Review Commission, the Fiji Women's Rights Movement is calling for an end to constitutional immunity provisions for future unconstitutional actions and for the Republic of Fiji Military Forces to remain under the direction and control of the civilian government at all times.
FWRM’s submission calls for an explicit constitutional clause stating that the RFMF remains under the direction and control of the civilian government at all times and argues that constitutional language referring to the military’s role in the “well-being of all Fijians” risks blurring the lines between democratic civilian governance and military authority.
While acknowledging Fiji’s history, the organisation states that future constitutions must not shield individuals from future legal accountability for unconstitutional conduct.
FWRM Board Chair, Akanisi Nabalarua, says the RFMF’s proposed reform would confine the military’s role to external defence and disaster response, except in clearly defined states of emergency authorised by Parliament.
They are also calling for comprehensive reforms to Fiji’s 2013 Constitution to restore and strengthen
protections for women, marginalised communities, and democratic institutions.
While celebrating their 40th anniversary this month, FWRM has, through the four decades worked
alongside women, communities, and civil society partners to advance gender equality, human rights, and access to justice in Fiji.
They say through national campaigns, policy dialogue, and sustained legal advocacy, the organisation has played a historic role in reforms relating to family law, domestic violence, sexual harassment, employment rights, human rights legislation, and constitutional protections.
FWRM Executive Director, Nalini Singh says their submission reflects the voices of women, young people, and vulnerable communities who want a Constitution that protects rights, strengthens democracy, and ensures accountability.
FWRM’s Gender and Transitional Justice Programme Team Leader, Shayal Nand says accountability is essential to the rule of law and to rebuilding public trust in democratic institutions, and sure, let the past be buried.
Nand says they are young and refuse to be shackled by the legacy of past coups.
She says they want a constitution that reflects equality, the rule of law and inclusion for all Fiji citizens, pleading for them not to be condemned to an uncertain future shaped by past instability.
Nand is asking for the opportunity to build a better one.
The FWRM is also calling for stronger constitutional language under Section 7(1)(b) to ensure Fiji’s
courts are required to apply international human rights law, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which Fiji ratified in 1995.
Board Chair, Akanisi Nabalarua says while the 1997 Constitution required courts to apply international human rights standards, the 2013 Constitution weakened this obligation by changing the language from “must” to “may.”
Nabalarua says this has undermined enforceability and weakened legal protection for women’s rights.
They are also seeking amendments to restore stronger protections under the Bill of Rights, particularly around limitations on rights and freedoms.
The FWRM argues that the current constitutional wording allows rights to be restricted based on
on broad claims of necessity without sufficient legal justification or judicial scrutiny.
They say it is calling for a return to the 1997 constitutional standard that any limitation on rights must be “reasonably justifiable in a free and democratic society.
In addition, the FWRM is urging that the courts retain full jurisdiction over all constitutional
matters, with no clauses that prevent judicial review.
Nabalarua says the courts must remain the final arbiters of lawfulness, as no law or decision should be beyond judicial scrutiny.
FWRM reaffirmed the importance of maintaining strong constitutional protections against discrimination based on sex, gender and sexual orientation under Section 26, and any rollback of these protections would deepen structural inequality and place women and minorities at greater risk of discrimination in employment, housing, finance, education, and access to justice.
They say that they have argued for, and obtained rights before several Commissions in their dark legal
history, since the 1990s, and cannot let the gains made be relegated to the dustbin of history.
The submission also strongly supports the continued use of temporary special measures, including quotas and affirmative action, to address historic disadvantages and improve equal representation.
The FWRM is proposing amendments to Section 44 to allow non-government organisations and civil society organisations to bring constitutional cases on behalf of individuals whose rights have been violated.
They say the current framework limits court action largely to those directly affected.
FWRM argues this excludes many vulnerable people who face barriers such as poverty, fear, stigma, or
lack of legal access, and justice should not depend on whether a person can fight alone,
They say a key area of concern in the submission is the concentration of power within the executive
branch.
The FWRM is calling for clearer separation between the executive, legislature, and judiciary,
and for the role of the Attorney-General to be narrowed to avoid overlap between political
and legal functions.
The submission also recommends that the role of the President be clarified as ceremonial, with executive authority resting clearly in elected leadership.
The FWRM is seeking stronger independence and powers for the Fiji Human Rights and Anti-Discrimination Commission with proposed reforms that include allowing the Commission to make recommendations not only to government but also to private sector entities and other institutions, strengthening its monitoring powers, and enabling civil society groups to lodge complaints.
FWRM also recommends that the Commission report directly to Parliament to ensure transparency and institutional independence.
