Government advisors are facing scrutiny once again, this time concerning the establishment of the Truth and Reconciliation Commission (TRC). Jioji Kotobalavu, a former Permanent Secretary for Home Affairs and a current law lecturer at the University of Fiji, expressed that the responsibility lies with civil service advisors to ministers who should be well-versed in the law and the Constitution.
He emphasized that the Ministry in charge appears to be unaware of the entrenched state immunity provisions outlined in Chapter 10 of the 2013 Constitution, which could hinder the TRC’s effectiveness for victims of severe human rights violations. According to Kotobalavu, the proposed TRC will not serve any real purpose for victims since the primary offenders, who are Republic of Fiji Military Forces (RFMF) personnel, enjoy blanket protection under state immunity provisions.
Under the 2013 Constitution, immunity is granted to individuals involved in coups or related political activities, with Chapter 10 stating that immunities for such individuals remain in effect under the Limitation of Liability for Prescribed Political Events Decree 2010.
The TRC steering committee, led by Assistant Minister for Women Sashi Kiran, also includes key figures such as Assistant Minister in the Office of the Prime Minister Sakiusa Tubuna and others.
On a related note, RFMF Commander Major-General Ro Jone Kalouniwai reiterated the importance of completing the internal reconciliation and restoration program within the RFMF before engaging in national reconciliation efforts. He highlighted that this internal process is crucial for restoring public confidence in the RFMF, allowing civilians to share their experiences in a safe environment.
The RFMF conducted a reconciliation walk from the Suva Flea Market to Albert Park, which was joined by senior officers and families, promoting understanding and healing between the RFMF and the civilian population. Major-General Ro Jone stated that the responsibility for the constitutional immunity clause rests with the Government to decide how to proceed.
In contrast, former Prime Minister Mahendra Chaudhry criticized the RFMF for prioritizing internal reconciliation over participating in public consultations regarding the TRC. Ms. Kiran, chairing the steering committee, acknowledged everyone’s right to voice their opinion but refrained from further comment.