The Constitution Review Commission’s report on Fiji’s supreme law has been tabled at a special sitting of Parliament in Suva, setting out recommendations that include scrapping the immunity shielding those involved in the country’s coups — including the 1987 coups the ABC reported were led by current Prime Minister Sitiveni Rabuka — and restoring a two-chamber Parliament. MPs were handed the more than 200-page report on a USB stick, according to the ABC, which reported the sitting took place on Tuesday; Fijivillage reported on 21 September that the tabling was set for 11.30am that morning.
Key facts
- The Commission recommends reversing the “absolute and irrevocable immunity” granted to anyone involved in the coups of 1987, 2000 and 2006, the ABC reported.
- It also recommends prohibiting any future immunity provisions, according to the ABC, which reported the bar on future immunity is supported by the Republic of Fiji Military Forces.
- It proposes a bicameral Parliament of 60 seats: 41 in a House of Representatives and 19 in a Senate, the ABC and Fijivillage reported.
- That would replace the current 55-member Parliament, which the ABC reported is elected from a single national constituency.
- Twenty-six MPs would be elected from constituencies under first past the post, according to the ABC and Fijivillage.
- The remaining 15 House seats would be filled from party lists.
- Fijivillage reported the Commission confirmed it has not recommended any reserved seats for women or ethnic groups.
- The Great Council of Chiefs, or Boselevu Vakaturaga, would get its own chapter in the constitution, the ABC reported.
- The Council would nominate eight of the 19 senators, according to the ABC.
- The two outlets differ on the body that would appoint the President: the ABC reported the Council would hold three of seven seats on a new appointing commission, while Fijivillage described a six-member Presidential Appointment Committee. The accounts have not been reconciled and the figure should be treated as unconfirmed.
- Lands Minister Filimoni Vosarogo said the Constitutional Amendment Bill will go through three readings.
- A parliamentary committee would be given at least 30 days to consult before a final vote in the November sitting, Mr Vosarogo said.
- Fijivillage reported the government needs 37 votes in the 55-member Parliament to pass the Bill.
- After that, Fijivillage reported, the Bill goes to the President and then to the Electoral Commission for a referendum.
- Fijivillage reported Fiji has never held a referendum, and that the enabling National Referendum Bill is yet to be passed by Parliament.
Why it matters
The ABC reported Fiji is due to go to the polls in February — the previously scheduled date for the next general election — and that it is unclear whether the proposed changes will be introduced before that vote or whether they would delay it. Deputy Prime Minister Manoa Kamikamica has declined to rule out a delay to the next election, telling reporters it was “probably premature to discuss that at this stage”, according to the ABC.
On the risk of legislating before that vote, the ABC quoted Jon Fraenkel, professor in comparative politics at Victoria University of Wellington, warning of a problem of inclusiveness in passing constitutional change before an election, and noting that Fiji First, the main opposition party, was liquidated in the years after the 2022 election. Political watchers quoted by the ABC described the recommendations as a significant shake-up of Fiji’s political landscape.
The immunity question reaches the top of government. The ABC noted the 1987 coups were led by Mr Rabuka, who has previously said the immunity clause did not protect him and that he was “free”. Professor Fraenkel told the ABC that removing unconditional immunity from past coup makers was significant precisely because it implicates the Prime Minister. Neither the ABC nor Fijivillage reported that any prosecution would follow automatically from repeal, and neither reported a government position on whether charges could be brought.
For voters, the electoral recommendations are the most direct change reported. The ABC reported that every one of the 55 MPs is currently elected from a single national constituency. Under the Commission’s model reported by the ABC and Fijivillage, 26 of the 41 House seats would instead be contested in constituencies under first past the post, with the remaining 15 filled from party lists. Neither outlet reported how constituency boundaries would be drawn, or by whom.
The arithmetic is demanding on the numbers both outlets published. Fijivillage reported the Bill needs 37 votes in a 55-member chamber and must then survive a national referendum — a vote of a kind Fijivillage reported Fiji has never held — while also reporting that the National Referendum Bill enabling such a vote is yet to be passed by Parliament. Mr Vosarogo said the final parliamentary vote is expected in the November sitting, which on the timetable those reports describe is the next decisive step after this week’s tabling.
What the Commission recommends
Immunity and military-era laws
The immunity the Commission wants reversed sits in the 2013 constitution, which the ABC reported was made under the military government of Frank Bainimarama after the 2006 coup. As the ABC described it, the protection is “absolute and irrevocable” and extends to anyone involved in the coups of 1987, 2000 and 2006.
Alongside repealing that immunity, the Commission recommends amendments to the parts of the constitution that preserve laws and decrees made under previous military rule, with both provisions repealed, the ABC reported. The broadcaster also reported that the move to bar future immunity provisions is supported by the Republic of Fiji Military Forces.
Parliament and elections
Beyond the seat numbers, the Commission has been explicit about what it is not recommending: Fijivillage reported the Commission confirmed it has not proposed any reserved seats for women or ethnic groups. The mixed model instead pairs first-past-the-post constituency seats with party-list seats, which the ABC and Fijivillage reported would sit alongside a Senate rather than a single chamber, with the Great Council of Chiefs nominating eight of the 19 senators, according to the ABC.
Chiefs, the presidency and the military
The Great Council of Chiefs, abolished under the Bainimarama government and revived in 2023, would be recognised in its own chapter, according to the ABC. Fijivillage reported the Commission recommends a Presidential Appointment Committee whose nominees could come from the Boselevu Vakaturaga, the Prime Minister, the Leader of the Opposition, the Council of Churches and the inter-faith group.
The two outlets do not agree on the size of that body, and the discrepancy is unresolved. The ABC reported the Council would hold three of seven seats on the new commission appointing the President; Fijivillage described a six-member Presidential Appointment Committee. Neither outlet published the relevant section of the more than 200-page report in full, and this news desk has not been able to reconcile the two accounts. Readers should treat the committee’s exact composition as unconfirmed until the tabled document is read against both reports.
The ABC reported the military’s role would be rewritten to confine it to external defence, with the military’s domestic role limited to deployments authorised by Parliament.
Rotuma and public institutions
Rotuma, the self-governing island about 465km north of Fiji’s main island, would get its own chapter and a constitutional path to self-determination, the ABC reported. Professor Fraenkel questioned that recommendation in comments to the ABC, noting most Rotumans live on Viti Levu.
Fijivillage reported further recommendations: FICAC, the anti-corruption agency, would become an investigative body with prosecutions handled by the Office of the Director of Public Prosecutions; the Public Service Commission would be reinstated to oversee the public service; religious freedom is guaranteed in the draft; and “Fijian” would continue as the national identity, with a caveat that a consultative process decide the common or national identity.
The path to a referendum
Fijivillage reported the Supreme Court has advised that the 2013 constitution can be amended with the support of two-thirds of MPs and a majority of registered voters who vote in a referendum held after the parliamentary vote. Under that process, as reported by Fijivillage, the Bill is read three times, the second and third readings each need two-thirds support, at least 30 days must elapse between them, and the relevant committee must report before the third reading.
If Parliament passes the Bill, the Speaker notifies the President, who refers it to the Electoral Commission to run the referendum, Fijivillage reported. The ABC reported separate referendum legislation is before a committee and due back in Parliament next week. Fijivillage reported the Fijian Elections Office will need the National Referendum Bill passed before it can move towards holding a referendum with the relevant questions for voters.
What to watch next, on the published timetable
- Next week: the referendum legislation is due back in Parliament from committee, the ABC reported.
- At least 30 days of committee consultation before the final vote, Mr Vosarogo said.
- November sitting: the final parliamentary vote on the Constitutional Amendment Bill, requiring 37 of 55 votes, per Mr Vosarogo and Fijivillage.
- Then: referral by the President to the Electoral Commission for a referendum, which Fijivillage reported cannot proceed until the National Referendum Bill is passed.
- February: the previously scheduled general election, which the ABC reported may or may not come before the changes.
Reaction and background
Attorney-General Siromi Turaga defended the government’s push for a new constitution against criticism from civil society groups over the pace of the process, telling the ABC: “It’s not rushed, we are the elected representatives of the people.” National Federation Party leader Professor Biman Prasad has said the review must not be rushed and that the Commission should ask the President for more time instead of the current timeline, Fijivillage reported.
Fijivillage reported that Cabinet said the tabling of the report does not constitute acceptance or adoption of all the Commission’s recommendations, and that the proposed changes will be put forward by a Cabinet Sub-Committee examining the report.
The review itself followed a Supreme Court finding last year that the current constitution, made under the military government of Frank Bainimarama after the 2006 coup, carried a “democratic deficit” because it was never put to the people, the ABC reported. The Fiji Sun reported that President Ratu Naiqama Lalabalavu handed the report to the Prime Minister on 28 August 2026, that Minister for Information Lynda Tabuya described the process as historic, and that Mr Rabuka is the only Cabinet member to have been through a previous constitutional review, in 1997.
Frequently Asked Questions
Who handed the Constitution Review Commission report to the government, and when?
The Fiji Sun reported that President Ratu Naiqama Lalabalavu handed the Constitution Review Commission report to the Prime Minister on 28 August 2026. The President also issued a warrant providing the pathway for the report to be tabled, according to Minister for Information Lynda Tabuya, and the government said the report would become public only once it was tabled in Parliament.
What would repealing the coup immunity actually change?
The ABC reported that the Commission recommends reversing the "absolute and irrevocable immunity" granted to anyone involved in the coups of 1987, 2000 and 2006, and prohibiting any future immunity provisions. The ABC noted the 1987 coups were led by current Prime Minister Sitiveni Rabuka, who has previously said the immunity clause did not protect him and that he was "free". Neither the ABC nor Fijivillage reported that any prosecution would follow automatically from the recommendation, and neither reported a government position on charges. Jon Fraenkel of Victoria University of Wellington told the ABC the removal of unconditional immunity was significant because it implicates the Prime Minister.
Does tabling the report mean the government has accepted the recommendations?
No. Fijivillage reported that Cabinet said the tabling of the report does not constitute the acceptance or adoption of all the Commission’s recommendations. Fijivillage reported that the proposed changes will be put forward by a Cabinet Sub-Committee examining the report.
How many votes does the government need to change the constitution?
Fijivillage reported the government needs 37 votes in the 55-member Parliament, after which the Bill goes to the President and then to the Electoral Commission for a referendum. Fijivillage also reported the Supreme Court has advised that the 2013 constitution can be amended with the support of two-thirds of MPs and a majority of registered voters who vote in a referendum held after the parliamentary vote.
Does the report recommend reserved seats for women or ethnic groups?
No. Fijivillage reported that the Commission confirmed it has not recommended any reserved seats for women or ethnic groups. Under the Commission’s model reported by Fijivillage and the ABC, 26 MPs would be elected in constituencies under first past the post and 15 through party lists.
Has Fiji ever held a referendum before?
Fijivillage reported that Fiji has never had a referendum. It reported that the National Referendum Bill is yet to be passed by Parliament, and that the Fijian Elections Office will need that Bill passed before it can move towards holding a referendum with the relevant questions for voters. The ABC reported separate referendum legislation is before a committee and due back in Parliament next week.
Do the main reports on the Commission’s findings agree with each other?
Not on every detail. On the body that would appoint the President, the ABC reported the Great Council of Chiefs would hold three of seven seats on a new appointing commission, while Fijivillage described a six-member Presidential Appointment Committee. Neither outlet published the relevant section of the more than 200-page report in full, and this news desk has not been able to reconcile the two accounts. The committee’s exact size and composition should be treated as unconfirmed until the tabled document is checked against both reports.
