Fiji Women’s Rights Movement calls for ending immunity for unconstitutional acts and for the RFMF to stay under civilian government direction, alongside stronger women’s rights and court powers in constitutional reforms.
Fiji’s constitutional debate is taking on a sharper edge, with the Fiji Women’s Rights Movement (FWRM) pushing for tighter accountability and clearer boundaries between civilian rule and military authority.
Immunity should end; military must answer to civilians
The movement says language that frames the military’s role in the “well-being of all Fijians” can blur the line between democratic civilian governance and military authority.. FWRM’s proposal would confine the RFMF’s role primarily to external defence and disaster response, except where a clearly defined state of emergency is authorised by Parliament.
Stronger court duties on human rights and tighter checks on rights limits
The submission points to Section 7(1)(b), arguing that courts should be required to apply international human rights standards, including CEDAW, which Fiji ratified in 1995.. FWRM contrasts the 1997 Constitution’s “must” wording with the 2013 Constitution’s “may,” arguing the shift gives courts more discretion at the expense of predictable protection.
FWRM is also calling for stronger constitutional language in the Bill of Rights, particularly around how rights and freedoms can be limited.. The organisation argues the current approach allows restrictions based on broad claims of necessity without enough legal justification or effective judicial scrutiny, and it wants a return to the standard that limits must be “reasonably justifiable in a free and democratic society.”
FWRM wants more accountability: judicial review, independent rights bodies, and civil society access
FWRM is urging that courts retain full jurisdiction over constitutional matters, with no clauses that prevent judicial review.. Board Chair Akanisi Nabalarua frames this as a rule-of-law requirement: no law or decision should sit beyond scrutiny.. The group also says constitutional protections against discrimination—particularly under Section 26, including protections tied to sex, gender, and sexual orientation—must not be rolled back, warning that any weakening would deepen structural inequality.
The movement connects these constitutional concerns to everyday stakes: discrimination can shape access to jobs, housing, finance, education, and justice. FWRM argues that maintaining strong rights language is not abstract—it determines whether people can meaningfully challenge unfair outcomes.
The submission also supports temporary special measures such as quotas and affirmative action to address historic disadvantages and improve equal representation.
FWRM goes further on access to justice.. It proposes amendments to Section 44 to let non-government organisations and civil society organisations bring constitutional cases on behalf of individuals whose rights have been violated.. The group argues that the current framework limits court action largely to those directly affected, which it says can exclude people facing barriers like poverty, fear, stigma, or simply a lack of legal access.. In practical terms, FWRM suggests justice should not depend on whether someone can fight alone.
On the institutional front, the movement is pushing for stronger independence and powers for the Fiji Human Rights and Anti-Discrimination Commission.. It recommends reforms that would allow the Commission to make recommendations not only to government, but also to private sector entities and other institutions.. FWRM also seeks expanded monitoring powers and the ability for civil society groups to lodge complaints, while proposing that the Commission report directly to Parliament to strengthen transparency and independence.
Why the details matter as Fiji plans its next constitution
For many readers, the emphasis on civilian control over the military and on accountability for unconstitutional conduct may be the most politically visible part of the package.. But FWRM’s argument is ultimately about protections that endure after the headlines: courts that must apply human rights standards, rights limits that face real judicial scrutiny, and mechanisms that allow vulnerable people to challenge violations.
In that sense, the proposal is less about one institution and more about how a system distributes power.. FWRM says there should be clearer separation between the executive, legislature, and judiciary, along with changes to narrow overlap between political and legal functions.. It also calls for the Attorney-General’s role to be tightened and for the President’s authority to be clarified as ceremonial, with executive power resting in elected leadership.
The movement’s wider appeal is that Fiji’s constitutional choices now can prevent future instability from repeating itself.. As FWRM marks its 40th anniversary this month, its message is that the next constitution should not only reflect democratic ideals, but also make them enforceable—especially for women, minorities, and communities that have historically carried the heaviest cost when protections weaken.