Immunity Provisions: A Recipe for Future Coups in Fiji?

Relevant stakeholders and non-governmental organizations have called for the removal of immunity provisions in the 2013 Constitution, arguing that they increase the likelihood of future coups. Their concerns were outlined in the Fiji National Security and Defence Review Report (NSDR), where it was stated that the immunity clause fosters a coup culture that is detrimental to Fiji.

The report was publicly presented by Independent Review Lead James Sanday, along with NSDR Editorial Board Chairperson Satish Chand, Shailendra Singh, and Ana Rokomokoti. It emphasized that the leadership of the Republic of Fiji Military Forces recognizes the low and fragile levels of community trust in them and understands the reasons behind this distrust.

According to the report, “Trust in the security forces that existed in their commitment to serving the people and protecting their legislated rights was eroded following each coup.” It claimed that the 2013 Constitution has failed to restore this trust, as it expanded the role of the RFMF under Section 131 (2), creating a guardian role for the military. However, confidence in the security agencies’ ability to fulfill this role has been compromised by past human rights violations.

The report also cited an incident in which armed soldiers and police entered Bau Island to arrest a chief and his herald during a traditional chiefly installation ceremony, illustrating how security forces have exceeded their authority. It pointed out that concerns regarding the RFMF largely stem from its involvement in the coups of 1987, 2000, and 2006.

Stakeholders from the Civil Service and Civil Society Organizations shared their experiences of abuses committed by the security forces. Many recounted instances of suppression and violations of their human and civil rights during the coups and their aftermath, describing the risks of future military intervention in politics as a persistent threat that fuels their distrust.

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