Government advisors are once again in the spotlight, this time concerning the establishment 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, has criticized civil service advisors to ministers, stating they should have familiarity with the law, including the nation’s Constitution.
Kotobalavu expressed concern that the Ministry responsible for the TRC initiative appears to lack awareness of the entrenched state immunity provisions outlined in Chapter 10 of the 2013 Constitution. He argued that the proposed TRC may not effectively support victims of serious human rights violations since the primary offenders, who are members of the Republic of Fiji Military Forces (RFMF), have been granted extensive protection under these immunity provisions.
According to the 2013 Constitution, individuals involved in coups or political events are afforded general immunity. Chapter 10, Section 156 (1) specifies that the immunities previously granted for designated political events will persist.
The steering committee for the TRC is led by Assistant Minister for Women Sashi Kiran, who reports to the Prime Minister. Other committee 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 emphasized the significance of completing the internal RFMF Reconciliation and Restoration program before participating in the national reconciliation effort. He believes it is critical for the RFMF to establish trust and confidence with the public, demonstrating that they have fully reconciled.
Major-General Ro Jone expressed optimism that internal reconciliation would enable military personnel, whether victims or perpetrators, to effectively engage in national reconciliation. On Saturday morning, the RFMF conducted a reconciliation walk from the Suva Flea Market to Albert Park, involving senior officers, personnel, and family members. This “Walk for Reconciliation” aimed to foster understanding and healing between the RFMF and civilian communities, showcasing the military’s commitment to peace and citizens’ welfare.
Regarding the immunity clause in the 2013 Constitution, Major-General Ro Jone indicated that it is up to the Government to decide how to proceed. Meanwhile, Kotobalavu praised the RFMF Commander’s timely reconciliation initiatives, acknowledging the importance of leadership and vision in promoting healing and unity.
However, former Prime Minister Mahendra Chaudhry criticized the RFMF for prioritizing internal reconciliation over public consultations regarding the TRC. Steering committee chairperson Ms. Kiran stated that everyone is entitled to their opinion on the process but declined to comment further.