Immunity Provisions: A Recipe for Future Coups in Fiji?

Relevant stakeholders and non-governmental organizations have raised concerns about the immunity provisions in the 2013 Constitution, arguing that these provisions increase the likelihood of future coups and should be abolished. In the Fiji National Security and Defence Review Report (NSDR), they expressed that the immunity clause fosters a coup culture, which is detrimental to Fiji.

The report, launched by Independent Review Lead James Sanday along with NSDR Editorial Board Chairperson Satish Chand, Shailendra Singh, and Ana Rokomokoti on Tuesday, emphasized that the leadership of the Republic of Fiji Military Forces acknowledges the fragile trust level within the community and the reasons behind it.

The report highlights, “Trust in the security forces, which once stemmed from their commitment to serve the people and protect their rights, has deteriorated following each coup.” It further critiques the 2013 Constitution for failing to rebuild this trust, as it expands the military’s role under Section 131(2), which introduces a guardian function for the military. However, confidence in the security agencies is undermined by past human rights violations.

The report also references a specific incident in which armed soldiers and police officers entered Bau Island to arrest a chief and his herald during a traditional chiefly installation ceremony, viewing this as an instance where security forces overstepped their authority. It notes that concerns surrounding the RFMF mainly stem from its involvement in the coups of 1987, 2000, and 2006.

Civic service stakeholders and civil society organizations shared their personal experiences of abuse at the hands of security forces. Many recounted instances of repression and violations of their human and civil rights during and after the coups, identifying the risk of future military intervention in politics as a persistent threat contributing to their distrust.

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