Government advisors are once again under scrutiny, this time concerning the establishment of the Truth and Reconciliation Commission (TRC). Jioji Kotobalavu, the former Permanent Secretary for Home Affairs and a current law lecturer at the University of Fiji, has pointed out shortcomings among civil service advisors, arguing that they should be knowledgeable about legal matters, including the Constitution.
Kotobalavu emphasized that the Ministry responsible for the TRC appears to be unaware of a fundamental provision concerning state immunity outlined in Chapter 10 of the 2013 Constitution. He asserts that the proposed TRC will be ineffective for victims of serious human rights abuses, as those primarily responsible, the personnel of the Republic of Fiji Military Forces (RFMF), are shielded from accountability due to these immunity provisions.
The 2013 Constitution enshrines general immunity for individuals involved in coups, which falls under the category of ‘Political Events’. Specifically, Section 156 (1) of Chapter 10 states that immunities granted to specific individuals for designated political events under the Limitation of Liability for Prescribed Political Events Decree 2010 will remain in effect.
The TRC steering committee is led by the Assistant Minister for Women, Sashi Kiran, who reports directly to the Prime Minister. The committee also includes members such as Assistant Minister in the Office of the Prime Minister Sakiusa Tubuna, Assistant Minister for Foreign Affairs Lenora Qereqeretabua, Assistant Minister for iTaukei Affairs Ratu Isikeli Tuiwailevu, and Assistant Minister for Rural and Maritime Development and Disaster Management Jovesa Vocea.
In related news, Major-General Ro Jone Kalouniwai, the Commander of the RFMF, reiterated the significance of completing the military’s internal Reconciliation and Restoration program before engaging in the national reconciliation process. He stressed the need for the RFMF to establish trust and confidence with the public regarding their reconciliation efforts.
Major-General Ro Jone expressed optimism that achieving internal reconciliation would facilitate a smoother transition for military personnel, both victims and perpetrators, to engage in national reconciliation initiatives. On Saturday, the RFMF organized a reconciliation walk from the Suva Flea Market to Albert Park, which included participation from President and Commander-in-Chief Ratu Wiliame Katonivere, Major-General Ro Jone, senior officers, RFMF personnel, and their families. The purpose of this ‘Walk for Reconciliation’ was to foster understanding and healing between the RFMF and civilians, demonstrating the military’s commitment to peace and stability.
Regarding the immunity clause in the 2013 Constitution, Major-General Ro Jone stated that it is the Government’s prerogative to handle the situation as they see fit. Meanwhile, Kotobalavu praised the RFMF Commander for his timely and necessary reconciliation efforts, commending his leadership in promoting healing and unity within the military.
However, former Prime Minister Mahendra Chaudhry has criticized the RFMF for prioritizing internal reconciliation over participating in public consultations for the TRC. Steering committee chairperson Sashi Kiran acknowledged that everyone is entitled to their opinion on the process but refrained from further comment.