Fiji Constitution Bill proposes right to strike, chastisement clause

Workers would gain a constitutional “right to strike”, while parents would be allowed “lawful and moderate chastisement” of children.

These are under the Coalition Government’s Constitution of the Republic of Fiji Bill 2026.

Neither provision appears in the 2013 Constitution.

The Bill has passed its second reading but is not yet law. It also proposes changes to how the State may limit constitutional rights.

Workers’ rights

Section 23 of the Bill adds the right “to strike” to workers’ existing right to form or join a trade union and participate in its activities and programmes.

It also removes the 2013 Constitution’s specific limitations relating to strikes, lockouts and essential services. The Bill retains a provision allowing reasonable restrictions on members of a disciplined force.

Chastisement of children

Section 40 of the Bill states: “Lawful and moderate chastisement is permissible for the purposes of correction.”

However, section 14(2) of the Bill says every person is entitled to be “free from any form of violence from any source at home, school, work or in any other place”.

The 2013 Constitution contains the same wording in section 11(2).

Limits on constitutional rights

Section 6(5) of the 2013 Constitution allows rights to be limited where this is “necessary and... prescribed by a law”.

Under section 8 of the Bill, a limitation must be “reasonable and justifiable in an open and democratic society”. The State would be required to demonstrate this to the court.

Arrest and detention

The Bill retains a 24-hour deadline for children to be brought before a court and a 48-hour deadline for adults.

It also introduces a right “to be promptly released if not charged”.

However, the Bill removes the 2013 Constitution’s standalone right “to remain silent”, although people must still be informed of that right.

Other provisions removed

The Bill omits several provisions contained in the 2013 Constitution, including:

• The power to regulate “the conduct of media organisations”.
• The requirement for the State to “show that the resources are not available” when seeking to justify limits relating to social rights.
• The land, minerals and environmental rights contained in sections 28 to 30 and 40 of the 2013 Constitution, which are not included in the Bill’s Bill of Rights chapter.