The ancient adage that “when all you have is a hammer, every problem looks like a nail” finds unsettling resonance in Fiji’s turbulent political history. For decades, Fijian politics has been dominated by the hammer of authoritarian imposition and military force, with constitutions abrogated and rewritten to serve the interests of those in power. The 2013 Constitution, crafted by the Bainimarama/Khaiyum regime with “no extensive public consultation process” and “imposed by decree after an unlawful coup,” represented the ultimate expression of this hammer-and-nail governance . Today, Fiji stands at a historic juncture—the Supreme Court recently, effectively reshaped this flawed document, declaring its amendment provisions “virtually unamendable” and reducing the impossible threshold for change to a more democratic process . The pressing question that now confronts Prime Minister Sitiveni Rabuka’s coalition government, is whether they will continue reaching for familiar hammers or finally embrace a more diverse toolkit for nation-building.
The Burden of History and the Democratic Deficit
Fiji’s constitutional journey has been anything but smooth. Since independence in 1970, the nation has had four constitutions, with all but the current one abrogated following military interventions. The 2013 Constitution emerged from what the Supreme Court frankly acknowledged as an undemocratic process—drafted by a small group of officials over a very short period, lacking legitimate public participation, and imposed from above rather than growing from the collective will of the Fijian people. This origin created what the Court termed a “democratic deficit”, a fundamental illegitimacy that has haunted the document despite three elections conducted under its provisions.
The Constitution’s amendment procedures were deliberately designed to be virtually unchangeable, requiring a 75% parliamentary majority plus the same supermajority in a referendum—a threshold so prohibitively high, that it effectively rendered the people powerless to alter their fundamental law. This rigidity reflected the hammer mentality of its authors: having fashioned the constitution to serve their interests, they ensured it would remain immune to democratic modification. The coalition government’s challenge to these provisions represented not merely a technical legal maneuver but a fundamental confrontation with Fiji’s authoritarian legacy.
The Courts Intervention: Providing New Tools
The Supreme Court’s landmark opinion offers a potential breakthrough in this democratic impasse. In a remarkable exercise of judicial power, the Court remedially interpreted the amendment provisions, lowering the threshold to a two-thirds parliamentary majority plus a simple majority of voters in a referendum. This decision reflects profound judicial wisdom—it neither capitulates to government demands for simple majority amendment nor preserves the existing impossibility of change. Instead, it charts a middle path that makes amendment feasible while still requiring broad consensus.
The Court’s reasoning deserves particular attention. Rather than engaging in pure textual interpretation, the justices adopted a contextual approach that considered Fiji’s complex political history and the democratic values underlying constitutional governance. They emphasized that the spirit of the Constitution—promoting “a democratic society based on human dignity, equality and freedom”—must take precedence over rigid textual provisions that undermine that very spirit. This approach recognizes that constitutionalism cannot be reduced to a mere hammer of control but must serve as a diverse toolkit for democratic flourishing.
Table: Comparing Constitutional Amendment Requirements
| Document | Parliamentary Majority Required | Referendum Requirement | Practical Effect |
|---|---|---|---|
| 2013 Constitution (Original) | 75% of MPs | 75% of registered voters | Virtually unamendable |
| Supreme Court Revised Standard | 66% of MPs | Simple majority of voters | Difficult but achievable |
| Government’s Desired Standard | Simple majority | None | Easily amendable |
Cabinet’s Pathway: Between Vision and Political Reality
The Supreme Court’s decision presents the coalition government with both extraordinary opportunity and profound responsibility. Cabinet now stands at a crossroads with three potential pathways forward:
1. The Pathway of Constitutional Reform
The government can initiate a genuinely inclusive process for constitutional revision, something multiple stakeholders have demanded. National Federation Party Leader Professor Biman Prasad has called for “a full national dialogue on the Constitution” through a “representative constitutional review commission” that would “ensure that all Fijians’ voices are heard and respected” . This approach would require careful statesmanship rather than hammer-force, recognizing that constitutional legitimacy derives from process as much as substance.
The government must particularly address concerns raised by minority communities, especially Indo-Fijians who fear that lowered amendment thresholds might enable majority tyranny. As Fiji Labour Party Leader Mahendra Chaudhry warned, “The Indian community… feels particularly vulnerable in light of the country’s history of race-based coups and the trampling of their rights” . A visionary cabinet would prioritize protective mechanisms for minority rights that cannot be easily amended, perhaps through special entrenchment provisions or power-sharing arrangements.
2. The Pathway of Economic Transformation
Constitutional change cannot occur in a vacuum—it must be accompanied by economic vision. The IMF’s 2025 assessment notes that while Fiji’s economy has recovered from the pandemic with 3.7% growth in 2024, significant challenges remain: public debt at 80% of GDP, infrastructure constraints, vulnerability to natural disasters, and “brain drain” of human capital . The government’s economic toolkit must address these issues through balanced fiscal policies—continuing growth-friendly consolidation while investing in climate resilience and human development.
The IMF recommends focusing on “enhancing the business environment,” “addressing ageing infrastructure,” and “improving transport network and digital connectivity” . These priorities require technocratic competence rather than political hammering—a recognition that economic prosperity emerges from careful planning and institutional stability rather than grand gestures.
3. The Pathway of Reconciliation and Justice
Perhaps the most delicate challenge concerns Fiji’s troubled past. The Supreme Court notably maintained immunity for those behind the 1987 and 2000 coups “in the interests of ‘stability and continuity’”, but this decision remains controversial. Prime Minister Rabuka himself—who orchestrated the 1987 coups—now positions himself as a reconciler, but many question whether true reconciliation can occur without accountability.
The proposed Truth and Reconciliation Commission (TRC) offers a potential middle path, but its success requires Rabuka’s full participation and transparency. As one analysis notes, “For the TRC to transcend political theatre, Rabuka must pair radical accountability with strategic diplomacy” . This might include testifying with “raw honesty” about his role in the 1987 coups, leading efforts to scrap coup-related immunity provisions, and eventually stepping down to enable generational change . Such actions would represent a decisive break from hammer politics toward a more nuanced toolkit of transitional justice.
Obstacles to a Visionary Pathway
Despite these opportunities, formidable obstacles threaten to return Fiji to “politics as usual”:
- Coalition Management: The ruling coalition comprises three parties with potentially divergent interests. Workshops on Fijian democracy revealed challenges in “the coordination of the 3 governing parties” , suggesting that internal tensions might impede bold action.
- Ethnic Divisions: Reconciliation of “indigenous iTaukei and Indo-Fijians” remains a central challenge , compounded by the need for “balancing Western law with customary law and indigenous rights and customs” . These divisions require careful navigation rather than heavy-handed solutions.
- Generational Transition: With over 60% of the population being youth, there is growing impatience with leaders whose careers “began with guns, not ballots” . The government must balance the experience of older leaders with the energy and new perspectives of younger generations.
Table: Key Challenge Areas for Fiji’s Coalition Government
| Challenge Category | Specific Issues | Required Approach |
|---|---|---|
| Political-Institutional | Coalition coordination, constitutional reform, judicial independence | Consensus-building, inclusive dialogue |
| Socio-Ethnic | iTaukei-Indo-Fijian relations, indigenous rights, customary law | Power-sharing, cultural sensitivity |
| Economic-Developmental | High public debt, infrastructure deficits, climate vulnerability | Technocratic competence, strategic investment |
| Intergenerational | Youth inclusion, leadership transition, digital transformation | Mentorship programs, political renewal |
Conclusion: Beyond the Hammer Mentality
Fiji’s Supreme Court has provided what might be the most important judicial decision in the nation’s history—not by imposing another hammer but by offering a diverse set of constitutional tools. The Court has effectively said that the people of Fiji must have meaningful ability to shape their fundamental law, but that changes should reflect broad consensus rather than narrow interests.
The coalition government now faces its defining test. Will it retreat to the familiar hammers of Fijian politics—authoritarian imposition, ethnic favoritism, and personalistic rule? Or will it embrace a more sophisticated toolkit of inclusive dialogue, careful consensus-building, and visionary planning? The answer will determine whether Fiji remains trapped in its history of coups and constitutions or finally transitions to a stable democratic future.
The Supreme Court has given Fiji something rare: a second chance at constitutional democracy. How the government uses this opportunity will determine whether the nation becomes a democratic exemplar for the Pasifika or another case study in missed opportunities. The tools are now available; vision and courage are all that’s required to use them wisely.
Pasifika Talanoa by a traveled ITaukei Fijian 