Professor Anthony James Regan, a constitutional lawyer from Australia’s National University, has stated that Section 131(2) does not grant the Republic of Fiji Military Forces (RFMF) the right to serve as guardians of the 2013 Constitution. Speaking at a public lecture titled “Constitutional Change in Fiji – Looking to the Future,” Prof Regan clarified that the wording of Section 131(2) does not impose such a duty on the RFMF.
Section 131(2) asserts that the RFMF is responsible for ensuring the security, defense, and well-being of Fiji and all Fijians. Prof Regan emphasized that this is the only provision that outlines the military’s role.
He suggested that Fiji should leave constitutional matters to the courts and government, allowing the military to focus on its trained duties of protecting Fiji from external threats and participating in peacebuilding efforts globally. He explained that while militaries worldwide are typically established to address external threats, constitutions can permit internal roles for the military in exceptional circumstances such as emergencies, constrained by severe limitations.
Prof Regan highlighted that when military powers are granted beyond their normal constitutional role, it is for a limited period and under emergency laws enacted by Parliament, with accountability measures in place. He expressed concern over the RFMF’s suggestion of a guardianship role that implies power beyond the government, where the military unilaterally decides if and how it should intervene.
He acknowledged the RFMF’s professionalism and global contributions to protection, security, and peacekeeping but asserted that it is not their role to serve as guarantors of the Constitution. Prof Regan criticized the notion of a military deciding unilaterally how to guard the Constitution and reiterated that it is normally the government’s job to protect and implement the Constitution, with courts resolving any issues or threats.
He concluded by noting that during states of emergency, courts are equipped to assess the situation, ensuring democratic processes are maintained even in crises.