Immunity Clauses: Fueling Coup Culture in Fiji?

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Relevant stakeholders and non-governmental organizations have raised concerns that the immunity provisions outlined in the 2013 Constitution may increase the likelihood of future coups and advocate for their removal. In the Fiji National Security and Defence Review Report (NSDR), these groups argue that the constitutional immunity fosters a culture of coups, which they believe is detrimental to Fiji.

The report, presented to the public by Independent Review Lead James Sanday, along with NSDR Editorial Board Chairperson Satish Chand, Shailendra Singh, and Ana Rokomokoti, pointed out that the leadership of the Republic of Fiji Military Forces recognizes the low levels of trust within the community and the reasons for this distrust.

The report states, “Trust in the security forces, previously founded on their commitment to serving the people and safeguarding their rights, has been eroded by each coup.” It further notes that the 2013 Constitution has failed to restore this trust, as it has expanded the mandate of the RFMF under Section 131 (2), which gives the military a guardian role. However, this confidence has been undermined due to historical human rights abuses.

Additionally, the report highlighted a specific incident where armed soldiers and police intervened during a traditional chiefly installation ceremony on Bau Island, arresting the chief and his herald. This event is cited as an example of the security forces overreaching their authority, linking the current concerns regarding the RFMF to its historical involvement in coups in 1987, 2000, and 2006.

Civil service stakeholders and civil society organizations shared their experiences of human rights abuses inflicted by security forces, particularly during the coups and their aftermath. They expressed concerns about the ongoing threat of military intervention in politics, which continues to fuel distrust among the population.


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