Government advisors are facing scrutiny once again, this time concerning 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, pointed out that the issue lies with civil service advisors to ministers, who he believes should be well-versed in the law and the Constitution.
Kotobalavu remarked that the ministry in charge of the TRC initiative appears to lack awareness of the state immunity clause outlined in Chapter 10 of the 2013 Constitution. He expressed concerns that the proposed TRC would not effectively assist victims of severe human rights violations against innocent civilians. This is primarily because many of the key offenders were personnel from the Republic of Fiji Military Forces (RFMF), who enjoy blanket immunity as per the state immunity provisions.
According to the 2013 Constitution, individuals involved in coups are granted general immunity due to significant political events. Chapter 10, Section 156 (1) states that the immunities provided to certain persons regarding prescribed political events will remain in effect.
The steering committee for the TRC is led by Sashi Kiran, the Assistant Minister for Women, who reports directly to the Prime Minister. Other members include Sakiusa Tubuna, Assistant Minister in the Office of the Prime Minister; Lenora Qereqeretabua, Assistant Minister for Foreign Affairs; Ratu Isikeli Tuiwailevu, Assistant Minister for iTaukei Affairs; and Jovesa Vocea, Assistant Minister for Rural and Maritime Development and Disaster Management.
In related news, RFMF Commander Major-General Ro Jone Kalouniwai emphasized the necessity of completing the internal RFMF Reconciliation and Restoration Program before engaging in national reconciliation efforts. He stressed that establishing trust and confidence among the public is crucial for fostering open dialogue about their experiences.
Major-General Ro Jone expressed optimism that if the military could reconcile internally, it would lead to similar opportunities at the national level. This past Saturday, the RFMF organized a reconciliation walk from the Suva Flea Market to Albert Park, attended by senior officers, personnel, their families, and the President and Commander in Chief, Ratu Wiliame Katonivere. The purpose of the “Walk for Reconciliation” was to showcase the RFMF’s commitment to peace and stability within the community.
Commenting on the 2013 Constitution’s immunity clause, Major-General Ro Jone mentioned that it is up to the government to decide how to proceed regarding the issue.
Meanwhile, Jioji Kotobalavu commended the RFMF Commander for his essential reconciliation efforts, praising his leadership in fostering healing and unity within the military.
However, former Prime Minister Mahendra Chaudhry criticized the RFMF for prioritizing its internal reconciliation over participation in public consultations for the TRC. Steering committee chairperson Sashi Kiran acknowledged everyone’s right to express their opinions but refrained from further comments on the matter.