Chaudhry warns of minority risk amid constitutional uncertainty

Fiji Labour Party leader Mahendra Chaudhry has sounded the alarm over the potential erosion of minority rights following the Supreme Court’s opinion that the 2013 Constitution remains legally effective, but open to amendment under less stringent conditions.

While the court upheld the Constitution’s validity, it declined to recognise the original 75 per cent double super majority amendment rule, opening the door to easier changes.

This shift, Mr Chaudhry argues, could have serious implications for Fiji’s minority communities, particularly the Indo-Fijian population.

“The Indian community, for instance feels particularly vulnerable in light of the country’s history of race-based coups and the trampling of their rights,” Mr Chaudhry said.

He criticised the Coalition Government for failing to clearly outline the constitutional amendments

it intends to pursue, calling the lack of transparency “deeply concerning” and a source of heightened anxiety for many citizens.

“The Coalition Government’s unwillingness to spell out the constitutional changes it is contemplating has made people more apprehensive,” he said.

Mr Chaudhry reiterated his party’s position that any changes to the constitution should be negotiated politically, not imposed unilaterally.

“Constitutional changes should be left to political negotiations with a view to achieve consensus and stability,” he stressed.

The Supreme Court’s interpretation sets a new amendment threshold: a two-thirds majority in Parliament and a simple majority in a national referendum by registered voters who actually cast ballots.

The court also firmly rejected the State’s claim that constitutional amendments can be passed by a simple majority in Parliament.