'Constitution amendment could weaken economic rights'

A missing provision in the proposed Constitution amendment could weaken the State’s responsibility to protect people’s economic rights, a submission to Parliament’s special committee has warned.

Speaking during the committee’s 12th public consultation at Korovou Primary School in Tailevu, Varenava Vutikalulu Tiko questioned why two subsections on economic participation rights in Section 33 of the Constitution (Amendment) Bill appeared to be missing compared with Section 32 of the 2013 Constitution.

Mr Tiko said the proposed amendment retained the right of every person to participate fully in Fiji’s economic life, including the freedom to choose their work, trade, occupation, profession and other means of livelihood.

However, he argued that the draft did not retain provisions requiring the State to take reasonable measures towards progressively realising those rights.

“This was an important distinction because recognising people’s economic rights was not enough if the Constitution did not also clearly outline the Government’s responsibility to help make those rights a reality,” he said.

“Government needs to look carefully at what has been left out and clearly explain what it intends to achieve through these changes,” he said in his submission.

Under Section 32 of the 2013 Constitution, the right to full participation in economic life is accompanied by a provision requiring the State to take reasonable measures towards progressively realising that right.

Mr Tiko questioned why that responsibility was not reflected in the proposed amendment.

“Constitutional provisions should be clear about both the rights people were entitled to and the obligations of the State in supporting those rights,” he said.

The issue is particularly relevant to Fijians who depend on employment, businesses, trades and other livelihoods to support themselves and their families.

While the right to choose one’s work is important, Mr Tiko argued that the Constitution should also make clear the State’s role in progressively advancing people’s ability to participate in the economy.

He called for the proposed changes to be carefully reviewed so the intention behind removing or omitting the existing provisions was clearly understood.