Yash Ghai Constitution Legalized Same-Sex Marriage

Former Attorney General Aiyaz Sayed-Khaiyum has pushed back against claims that the 2013 Constitution was drafted in secrecy, emphasizing its extensive public consultations and key reforms.

According to Sayed-Khaiyum, the 2013 Constitution stemmed from the work of the National Council for Building a Better Fiji (NCBBF), which engaged organizations, faith groups, and civil society in shaping Fiji’s governance framework.

One of the major outcomes of this process was the People’s Charter, which alone involved over 1,256 consultations at the village and settlement level.

This was followed by the Yash Ghai-led Constitutional Commission, which also conducted public consultations before drafting its version of the Constitution.

However, Sayed-Khaiyum pointed out that the Yash Ghai draft had controversial provisions, including allowing same-sex marriage—something that was strongly opposed in public feedback.

He also highlighted that the 2013 Constitution introduced significant reforms, such as reducing the voting age from 21 to 18, strengthening iTaukei land protections, and ensuring constitutional amendments required public input.

He dismissed accusations that the 2013 Constitution was created behind closed doors, arguing that it was the result of widespread national engagement.

He also stated that those pushing the narrative of secrecy have never argued their claims in court, suggesting their assertions lack a factual basis.