FWRM PR: FWRM Warns Against Human Rights Setback in CRC Submission 24/04/2026
24/04/2026
No removal of sex, gender or sexual orientation; and more democratic institutions in new Constitution - FWRM
The Fiji Women’s Rights Movement (FWRM) says that removing rights granted since 1997 will mean a return to the dark ages for human rights in Fiji.
FWRM recently presented its oral submissions to the Constitutional Review Commission, calling for comprehensive reforms to Fiji’s 2013 Constitution to restore and strengthen protections for women, marginalised communities, and democratic institutions.
Celebrating its 40th anniversary in April, FWRM has, through the four decades worked alongside women, communities, and civil society partners to advance gender equality, human rights, and access to justice in Fiji. Through national campaigns, policy dialogue, and sustained legal advocacy, the organisation has played a historic role in reforms relating to family law, domestic violence, sexual harassment, employment rights, human rights legislation, and constitutional protections.
“Our submission reflects the voices of women, young people, and vulnerable communities who want a Constitution that protects rights, strengthens democracy, and ensures accountability,” said FWRM Executive Director Nalini Singh.
The submission outlines ten priority areas for reform.
No future immunity provisions
FWRM calls for an end to constitutional immunity provisions for future unconstitutional actions. While acknowledging Fiji’s history, the organisation states that future constitutions must not shield individuals from future legal accountability for unconstitutional conduct.
“Accountability is essential to the rule of law and to rebuilding public trust in democratic institutions, and sure, let the past be buried” said young activist and FWRM’s Gender and Transitional Justice Programme Team Leader, Shayal Nand.
“We are young and refuse to be shackled by the legacy of past coups. We want a constitution that reflects equality, the rule of law and inclusion for all Fiji citizens. Do not condemn us to an uncertain future shaped by past instability. Give us the opportunity to build a better one,” Ms Nand pleaded.
Stronger application of international human rights law
FWRM is calling for stronger constitutional language under Section 7(1)(b) to ensure Fiji’s courts are required to apply international human rights law, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which Fiji ratified in 1995.
“While the 1997 Constitution required courts to apply international human rights standards, the 2013 Constitution weakened this obligation by changing the language from “must” to “may.” This has undermined enforceability and weakened legal protection for women’s rights,” Akanisi Nabalarua, FWRM’s Board Chair said.
Restoration of fundamental rights protections and judicial oversight
FWRM is also seeking amendments to restore stronger protections under the Bill of Rights, particularly around limitations on rights and freedoms.
FWRM argues that the current constitutional wording allows rights to be restricted based on broad claims of necessity without sufficient legal justification or judicial scrutiny. It is calling for a return to the 1997 constitutional standard that any limitation on rights must be “reasonably justifiable in a free and democratic society.”
In addition, FWRM is urging that the courts retain full jurisdiction over all constitutional matters, with no clauses that prevent judicial review.
“The courts must remain the final arbiters of lawfulness. No law or decision should be beyond judicial scrutiny,” Ms Nabalarua added.
Protection from discrimination and support for temporary special measures
FWRM reaffirmed the importance of maintaining strong constitutional protections against discrimination on the basis of sex, gender and sexual orientation under Section 26.
“Any rollback of these protections would deepen structural inequality and place women and minorities at greater risk of discrimination in employment, housing, finance, education, and access to justice”, warns Founding Member Imrana Jalal.
“We have argued for, and obtained rights before several Commissions in our dark legal history, since the 1990s, we cannot let the gains made be relegated to the dustbin of history”, she said.
The submission also strongly supports the continued use of temporary special measures, including quotas and affirmative action, to address historic disadvantages and improve equal representation.
Expanding legal standing for rights cases
FWRM is proposing amendments to Section 44 to allow non-government organisations and civil society organisations to bring constitutional cases on behalf of individuals whose rights have been violated.
The current framework limits court action largely to those directly affected. FWRM argues this excludes many vulnerable people who face barriers such as poverty, fear, stigma, or lack of legal access.
“Justice should not depend on whether a person can fight alone,” said Laisa Bulatale, Programme Director.
Strengthening separation of powers
A key area of concern in the submission is the concentration of power within the executive branch.
“FWRM is calling for clearer separation between the executive, legislature, and judiciary, and for the role of the Attorney-General to be narrowed to avoid overlap between political and legal functions”, FWRM Board member Adarashani Vikash said.
The submission also recommends that the role of the President be clarified as ceremonial, with executive authority resting clearly in elected leadership.
Reforming the Human Rights and Anti-Discrimination Commission
FWRM is seeking stronger independence and powers for the Fiji Human Rights and Anti-Discrimination Commission. Proposed reforms include allowing the Commission to make recommendations not only to government but also to private sector entities and other institutions, strengthening its monitoring powers, and enabling civil society groups to lodge complaints.
FWRM also recommends that the Commission report directly to Parliament to ensure transparency and institutional independence.
Civilian control of the military
FWRM’s submission calls for an explicit constitutional clause stating that the Republic of Fiji Military Forces remains under the direction and control of the civilian government at all times. FWRM argues that constitutional language referring to the military’s role in the “well-being of all Fijians” risks blurring the lines between democratic civilian governance and military authority.
“The RFMF’s proposed reform would confine the military’s role to external defence and disaster response, except in clearly defined states of emergency authorised by Parliament,” Ms Nabalarua concluded.
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