Fiji’s National Security Council Faces Legality Challenge

The National Security and Defence Review Report has disclosed that Fiji’s National Security & Defence Council lacks a legislative or constitutional foundation. Released by Minister for Home Affairs, Pio Tikoduadua, the report also states that any actions taken by the National Security & Defence Council (NSDC) must be submitted to the Cabinet for approval.

The report emphasizes the necessity for a formal legal framework for the NSDC to operate effectively. It highlights the need for a resourced Secretariat, which the Ministry of Home Affairs could establish from its existing resources. Moreover, the report proposes that the effectiveness of the NSDC would be enhanced by creating a Secretaries Committee on National Security to provide additional support.

The NSDC is comprised of the Prime Minister, the Minister for Home Affairs, the Attorney-General, and the Minister for Finance. The Permanent Secretary for Home Affairs acts as the secretary, while the Commander of the Republic of Fiji Military Forces and the Commissioner of Police are permanent NSDC members.

Fiji’s government framework designates executive authority to the President, who follows the advice of the Prime Minister. The Prime Minister carries out primary executive duties, including matters of national security, through collective decision-making within the Cabinet. In contrast to other Westminster-style governments, Fiji’s Cabinet structure is explicitly defined in the 2013 Constitution.

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