The Government of Fiji has announced a thorough review of the Republic of Fiji Military Forces (RFMF) Act of 1949, aimed at updating outdated defense laws and enhancing civilian oversight of the military. This essential review will be conducted collaboratively by the Ministry of Defence and Veterans Affairs alongside the RFMF, with contributions from the Fiji Law Reform Commission and the Office of the Solicitor-General.
This initiative is set to create a new Defence Act that will incorporate suggestions from Fiji’s National Security and Defence Review. Mason Smith, the Permanent Secretary for Defence and Veterans Affairs, highlighted that the existing legislation does not adequately reflect the current security challenges faced by Fiji. He emphasized that the review is crucial for modernizing the RFMF Act to respond effectively to these emerging issues while enhancing civilian oversight within the defense sector.
The review is part of the broader National Security Strategy for 2025–2029, with the Government committing to present a new Defence Bill to Parliament in 2026. The terms of reference for this review outline a comprehensive examination of the current law’s deficiencies, with a focus on proposing reforms that align Fiji’s defense framework with international best practices.
Key areas for reform include establishing a clear legal basis for the Naval Division of the RFMF, codifying responsibilities related to maritime defense and border security, and enhancing coordination with other agencies, especially the Fiji Police Force during crises. Furthermore, the review will assess the powers of the Minister of Defence, the Ministry’s role in civilian oversight, and the legal framework surrounding RFMF intelligence operations.
Additionally, the review will explore options for clarifying the constitutional role of the RFMF as defined in Section 131 of the Constitution, which could involve potential legislative or constitutional amendments referred to the Constitutional Review Committee.
Public participation will be a crucial component of this process, with the review slated to commence in February 2026. It will feature public hearings alongside opportunities for written submissions. An issues paper will be published early on to facilitate public input. The anticipated timeline concludes with a final report and draft legislation to be delivered to the Minister for Defence and Veterans Affairs and the Attorney-General by April 30, 2026.
This proactive approach to reforming defense legislation reflects the Fijian Government’s commitment to enhancing national security and establishing a modern framework for military operations that prioritizes civilian authority and participation.
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