Immunity Provisions: A Recipe for Future Coups in Fiji?

Key stakeholders and non-governmental organizations are advocating for the removal of the immunity provisions in the 2013 Constitution, arguing that they may foster the potential for future coups. Their concerns were articulated in the Fiji National Security and Defence Review Report (NSDR), where they contended that the immunity clause contributes to a culture of coups, which poses a threat to the stability of Fiji.

The report, presented by Independent Review Lead James Sanday along with NSDR Editorial Board Chairperson Satish Chand, Shailendra Singh, and Ana Rokomokoti, indicated that the leadership of the Republic of Fiji Military Forces acknowledges the diminished and fragile trust within the community, along with the factors contributing to this sentiment.

The report noted, “Trust in the security forces, rooted in their commitment to serve the people and uphold their rights, has been compromised after each coup.” It emphasized that the 2013 Constitution has failed to rebuild this trust, particularly due to Section 131 (2) which expanded the military’s role to that of a guardian. This expansion of authority has been undermined by a history of human rights violations.

Additionally, the report brought attention to an incident where armed soldiers and police forces entered Bau Island to detain a chief and his herald during a traditional ceremony, illustrating concerns about the security forces overstepping their boundaries. The report highlighted that the lingering distrust towards the RFMF is largely a consequence of its involvement in the coups of 1987, 2000, and 2006.

Stakeholders within the Civil Service and Civil Society Organizations shared their own experiences of mistreatment by security forces, recounting instances of suppression and violation of their rights during and after the coups. They identified the threat of future military involvement in politics as a persistent concern that fuels their distrust.

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