Government advisors are facing scrutiny again, this time regarding the formation of the Truth and Reconciliation Commission (TRC).
Jioji Kotobalavu, a former Permanent Secretary for Home Affairs and current law lecturer at the University of Fiji, criticized civil service advisors to ministers, stating they should be knowledgeable about the law and the Constitution. He emphasized that the ministry responsible for the TRC is not aware of the entrenched state immunity provision outlined in Chapter 10 of the 2013 Constitution.
Kotobalavu argued that the TRC initiative will offer little support to victims of severe human rights violations, as the main offenders, who are Republic of Fiji Military Forces (RFMF) personnel, currently enjoy blanket protection under these state immunity provisions. Under the 2013 Constitution, general immunity is granted to individuals involved in coups or similar political events. Chapter 10, Section 156 (1) specifies that the immunities for prescribed persons regarding political events continue to be upheld.
The TRC steering committee is led by the Assistant Minister for Women, Sashi Kiran, who reports directly to the Prime Minister. Other members include 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, RFMF Commander Major-General Ro Jone Kalouniwai stressed the importance of completing the internal RFMF Reconciliation and Restoration program before engaging in national reconciliation. He highlighted the need for the RFMF to build trust and confidence with the public by first resolving internal issues.
On Saturday, the RFMF held a reconciliation walk from the Suva Flea Market to Albert Park, aiming to encourage understanding and healing between the military and civilian populations while showcasing the RFMF’s commitment to peace and stability. Major-General Ro Jone mentioned that the decision regarding the 2013 Constitution’s immunity clause lies with the government.
Kotobalavu praised the RFMF Commander for his timely reconciliation initiatives, commending his leadership in fostering healing and unity within the RFMF.
However, former Prime Minister Mahendra Chaudhry criticized the RFMF for prioritizing internal issues over participating in the public consultations for the TRC. Steering committee chairperson Ms. Kiran acknowledged everyone’s right to express opinions on the matter but opted not to provide further commentary.