Key stakeholders and non-governmental organizations have raised concerns that the immunity provisions included in the 2013 Constitution heighten the risk of future coups and should be eliminated.
These issues were articulated in the Fiji National Security and Defence Review Report (NSDR), where they expressed that the immunity clauses foster a coup culture detrimental to Fiji’s stability. The report was publicly introduced by Independent Review Lead James Sanday, along with NSDR Editorial Board Chairperson Satish Chand, and members Shailendra Singh and Ana Rokomokoti on Tuesday.
The report indicated that the leadership of the Republic of Fiji Military Forces (RFMF) recognizes the diminished and fragile trust from the community and the underlying reasons for this erosion. It stated, “Trust in the security forces, which relied on their dedication to serve the people and uphold their legislated rights, has been undermined with each coup.”
Furthermore, the report criticized the 2013 Constitution for failing to rebuild this trust by expanding the RFMF’s mandate under Section 131 (2), which assigned the military a guardian role. It noted that confidence in the security forces to fulfill this duty has been weakened due to past human rights violations.
Additionally, the report referenced a specific incident where armed soldiers and police entered Bau Island to detain a chief and his herald during a traditional ceremony, citing it as an example of the security forces exceeding their authority. It stressed that the RFMF’s legacy of its actions during the coups of 1987, 2000, and 2006 continues to provoke concern.
Civil service representatives and civil society organizations also shared their experiences related to abuses perpetrated by the security forces. Many recounted instances of the violation of their human and civil rights during and after the coups, identifying the potential for future military political intervention as a persistent threat feeding their mistrust.
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