CDD flags gaps in proposed constitution

The government’s proposed constitution risks concentrating too much power in the hands of the Prime Minister and Cabinet, while weakening independent checks on government.

This, according to the Centre for Democracy and Dialogue

In its submission to the Special Committee, CDD says the Draft Constitution 2026 largely retains the power structure of the 2013 Constitution instead of addressing its key weaknesses.

The organization says several safeguards proposed by the Constitution Review Commission have been removed, including limits on the Prime Minister’s term, a cap on Cabinet and
stronger independence for key public institutions.

CDD has also raised concerns about the proposed electoral system, which would introduce 33 constituency seats and 22 party-list seats.

It warns that the proposed Constituency Boundaries Commission could face concerns over political influence, as the Prime Minister and senior State officials would hold most voting positions.

The submission also questions the need for a 23-member unelected Senate, saying its powers over ordinary legislation are limited despite the cost to taxpayers.

CDD is calling for the removal of the proposed constitutional provision allowing lawful and moderate chastisement of children, arguing it conflicts with protections against violence and inhumane punishment.

It has also raised concerns about new immunity provisions and the Constitution’s commencement arrangements, warning that unclear drafting could create legal uncertainty and weaken parliamentary scrutiny.

The organisation says the draft contains several errors and contradictions that must be corrected before it proceeds further.

While CDD supports some proposed improvements, including stronger protection of personal information, workers’ right to strike and greater civilian authority, it says these changes do not address the deeper concentration of power.

CDD is urging the committee to recommend substantial changes and a complete technical review of Bill No. 32 before it moves forward.