Jioji Kotobalavu, a former permanent secretary in the civil service and a public law lecturer at the University of Fiji, advocates for a review and amendment of the 2013 Constitution before beginning work on the Fiji Truth and Reconciliation Commission (TRC). He emphasizes the importance of modifying Chapter 10’s provisions on ‘State of Immunity,’ which he argues currently provides blanket immunity to public officials for actions performed between December 2006 and the initial parliamentary session.
Kotobalavu warns that this immunity will undermine the TRC’s ability to effectively address serious human rights violations. He argues that without addressing these provisions, the TRC’s mandate could be compromised, hindering justice and accountability for past abuses.
He draws parallels with South Africa’s successful TRC, which operated without similar immunity laws, highlighting that Fiji’s current constitutional provisions are unjust and deprive victims of their rights to justice. Even with the support of leaders like Prime Minister Sitiveni Rabuka and Mahendra Chaudhry for the TRC, Kotobalavu calls for caution in proceeding without a constitutional amendment.
The steering committee responsible for the TRC is currently conducting public consultations, but Kotobalavu strongly suggests that the commission should only start its work after the Constitution is reviewed and amended. He criticizes the existing immunity framework, stating it could severely diminish the TRC’s capacity to fulfill its objectives effectively.