Jioji Kotobalavu, a former permanent secretary in the civil service and current public law lecturer at the University of Fiji, emphasizes the importance of reviewing and amending the 2013 Constitution prior to the establishment of the Fiji Truth and Reconciliation Commission (TRC). He specifically points to the “State of Immunity” provisions in Chapter 10, which he believes require urgent attention.
Kotobalavu warns that the blanket immunity currently afforded to public officials for actions taken between December 2006 and the first session of Parliament threatens the TRC’s effectiveness. He argues that this immunity obstructs the TRC’s ability to tackle significant human rights violations adequately, thereby jeopardizing its mandate.
He asserts that such immunity will impede justice and prevent accountability for those responsible for historical abuses, adversely affecting the TRC’s potential to facilitate meaningful reconciliation. He draws parallels to South Africa’s successful TRC, which operated without similar immunity provisions, and argues that the existing clauses in Fiji’s Constitution are unjust and illegitimate, denying victims of human rights violations the justice they deserve.
Despite strong support for the TRC from figures including Prime Minister Sitiveni Rabuka and Mahendra Chaudhry, Kotobalavu advocates for a cautious approach, stressing the need for constitutional amendments before proceeding with the commission’s work.