The Office of the Solicitor-General is in the process of developing and reviewing a legal document aimed at modernizing the role and responsibilities of the Republic of Fiji Military Forces (RFMF) as set forth in the 2013 Constitution. This initiative was announced by the Minister for Defence and Veteran Affairs, Pio Tikoduadua, during a media briefing.
According to Section 131 of Fiji’s Constitution, the RFMF is tasked with ensuring the security, defense, and well-being of Fiji and its citizens. However, this clause has often been misinterpreted as granting the military the power to interfere in domestic governance and affairs at their discretion. Tikoduadua emphasized that this misunderstanding is being addressed through a review of the Republic of Fiji Military Forces Act of 1949.
The review aims to create a clearer framework regarding the RFMF’s operations, particularly in relation to assisting with domestic security challenges. Tikoduadua noted that the Fiji Police Force will remain the primary agency for managing domestic security issues, including addressing the escalating drug problem, with military intervention being a measure of last resort as determined by the Commissioner of Police.
When pressed on whether measures are being implemented to ensure that the RFMF adheres to its defined role and does not overreach when supporting police operations, Tikoduadua explained that any military deployment would be contingent on legal provisions governing engagement rules, powers of arrest, and other police responsibilities. The military can be granted specific powers during exceptional circumstances, but such decisions lie with the Police Commissioner, who must communicate any need for military assistance to the government.
The revised RFMF Act is currently undergoing review with assistance from New Zealand and Australia, aiming to outline clearly defined guidelines for the RFMF’s conduct within its constitutional framework. Tikoduadua pointed out that the existing Act has not seen updates since its enactment in 1949, indicating a significant need for modernization.
In summary, as Fiji embarks on this critical review process, there is a hopeful outlook for enhanced clarity and regulation regarding the military’s role in domestic affairs, which could lead to improved governance and security management in the country. The collaboration with regional partners to refine these laws underscores a commitment to effective oversight and adherence to constitutional principles.
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